1. A. When the dispute involves a custodian’s application of an exemption to a public record or part of a public record, the Ombudsman may request the custodian to submit the disputed public record or part of a public record to the Ombudsman for review.
2. B. A custodian may not be compelled to disclose to the Ombudsman a public record or part of a public record in the custodian’s custody.

3. C. A custodian’s voluntary submission of a public record or part of a public record for review under this chapter may not be construed as a waiver of:

   1. (1) Any privilege held by the custodian; or
   2. (2) Any assertion of confidentiality under the Act.

Authority: General Provisions Article, §§4-1B-01—4-1B-04, Annotated Code of Maryland

Effective date: June 17, 2019 (46:12 Md. R. 547)

Regulation .02 amended effective September 18, 2023 (50:18 Md. R. 800)