1. A. Written Application. Unless exempt under State Government Article, §10-614(a)(2), Annotated Code of Maryland, a person requesting to inspect or copy a public record shall submit a written application to the custodian of the record to be inspected or copied.

2. B. Contents of Application to Inspect or Copy a Public Record. A person requesting to inspect or copy a public record shall submit a written application that:

   1. (1) Provides the person's name and address; and
   2. (2) Identifies the record to be inspected or copied.

3. C. The applicant shall direct the application to the custodian of the record to be inspected or copied. If the custodian is unknown, the applicant may direct the request to the:

   1. (1) Secretary; or
   2. (2) Department's Principal Counsel.

4. D. If an application to inspect or copy a public record is received and the record requested is not under the charge of the receiving custodian, within 10 working days of receipt of the application, the receiving custodian shall notify the applicant:

   1. (1) That the application has been misdirected; and

   2. (2) One of the following:

      1. (a) If the proper custodian can be identified:

         1. (i) The name and address of that custodian; and
         2. (ii) That the application was forwarded to the proper custodian; or

      2. (b) If the proper custodian cannot be identified, that the application was forwarded to the Office of the Secretary, where a designee shall:

         1. (i) Identify the proper custodian; and
         2. (ii) Notify the applicant as required under §D(2) of this regulation.

Authority: State Government Article, Title 10, Subtitle 6; Correctional Services Article, §2-109; Annotated Code of Maryland

Effective date: July 13, 1979 (6:14 Md. R. 1208)

Chapter revised effective August 13, 1984 (11:16 Md. R. 1393)

Regulation .13A amended effective February 4, 1991 (18:2 Md. R. 151)

Chapter revised effective January 6, 2005 (31:26 Md. R. 1863)

Annotation: This chapter of regulations pertaining to the entire Department replaced individual chapters adopted by agencies within the department. These chapters, which were repealed, appeared at COMAR 12.04.02, 12.06.11, 12.07.02, 12.09.02, 12.10.02, 12.12.01, 12.13.01, 12.14.02, and 12.15.01.