- 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 Director, and the hearing shall be governed by State Government Article, §§10-205—10-214, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. 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 §10-623 of the Act without exhausting that administrative remedy.
Authority: State Government Article, §§10-611—10-628, Annotated Code of Maryland
Effective date: March 10, 1986 (13:5 Md. R. 547)
Chapter recodified from COMAR 14.11.06 to COMAR 32.01.02, October 2000
Regulation .01 amended effective January 21, 2002 (29:1 Md. R. 28)
Regulation .02B amended effective January 21, 2002 (29:1 Md. R. 28)
Regulation .04A amended effective January 21, 2002 (29:1 Md. R. 28)
Regulations .13—15 recodified to Regulations .14—.16 and new Regulation .13 adopted effective January 21, 2002 (29:1 Md. R. 28)