- A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
- B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Office of Administrative Hearings in accordance with COMAR 29.01.01. The Secretary shall issue the final decision of the Department.
- C. If the hearing results in a total or partial denial of the written request, the applicant may 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 that administrative remedy.
Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland
Effective date: February 24, 1997 (24:4 Md. R. 295)
Regulation .13A amended effective June 21, 2004 (31:12 Md. R. 914); December 21, 2015 (42:25 Md. R. 1547)