- A. If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the written notification of denial.
- B. If a hearing is requested by the applicant, the hearing shall be a contested case hearing. The hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 26.01.02.
- C. If the administrative hearing results in a total or partial denial of the written request, the applicant may then file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
- D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting the administrative remedy.
Authority: State Government Article, §10-611 et seq., Annotated Code of Maryland
Effective date: October 12, 1981 (8:20 Md. R. 1635)
Regulations .01, .02B, and .14 amended, .07 and .09 repealed, and new .07 adopted effective July 16, 1984 (11:14 Md. R. 1250)
Regulations .02B and .03 amended effective July 29, 1985 (12:15 Md. R. 1516)
Regulation .07-1 adopted effective July 29, 1985 (12:15 Md. R. 1516)
Regulations .07-1 and .08 recodified to Regulations .08 and .09
Chapter recodified from COMAR 10.01.08 to COMAR 26.01.04
Chapter revised effective March 18, 1991 (18:5 Md. R. 595)
Regulation .02 amended effective October 4, 1999 (26:20 Md. R. 1548)
Regulation .07E adopted effective October 4, 1999 (26:20 Md. R. 1548)
Regulation .13 amended effective October 4, 1999 (26:20 Md. R. 1548)