- A. If the custodian denies a written request for a reason other than that the record is temporarily unavailable, the requester may, within 30 days after receipt of a notice of denial, request an administrative hearing.
- B. If the requester requests a hearing, the hearing shall be conducted by an administrative law judge within the Office of Administrative Hearings. After the hearing, the administrative law judge shall prepare a recommended decision which shall be submitted to the Secretary. The Secretary shall issue the Department's final decision.
- C. If the administrative hearing results in a total or partial denial of the written request, the requester may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
- D. The requester may file an action for judicial enforcement under State Government Article, §10-623, without exhausting the administrative remedy set forth in this regulation.
Authority: Economic Development Article, §§2-108; State Government Article, §§10-613 and 10-617(c); Annotated Code of Maryland
Effective date: July 9, 1990 (17:13 Md. R. 1614)
Regulation .07-1 adopted effective June 8, 1992 (19:11 Md. R. 1017)
Regulation .07-1 amended as an emergency provision effective May 19, 1995 (22:12 Md. R. 898); amended permanently effective July 31, 1995 (22:15 Md. R. 1122)