LegalFix

§ 4-203. Timeliness of decision on application

MD Gen Provisions Code § 4-203 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    (1)    Except as provided in paragraph (2) of this subsection, the custodian shall grant or deny the application promptly, but not more than 30 days after receiving the application.

(2)    The custodian shall grant or deny an application that is the subject of § 4–356 of this title not more than 50 days after receiving the application.

(b)    (1)    A custodian who approves the application shall produce the public record immediately or within a reasonable period that is needed to retrieve the public record, but not more than 30 days after receipt of the application.

(2)    If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request:

(i)    the amount of time that the custodian anticipates it will take to produce the public record;

(ii)    an estimate of the range of fees that may be charged to comply with the request for public records; and

(iii)    the reason for the delay.

(3)    Failure to produce the public record in accordance with this subsection constitutes a denial of an application that may not be considered the result of a bona fide dispute unless the custodian has complied with paragraph (2) of this subsection and is working with the applicant in good faith.

(c)    (1)    A custodian who denies the application shall:

(i)    within 10 working days, give the applicant a written statement that gives:

1.    the reasons for the denial;

2.    if inspection is denied under § 4–343 of this title:

A.    a brief explanation of why the denial is necessary; and

B.    an explanation of why redacting information would not address the reasons for the denial;

3.    the legal authority for the denial;

4.    without disclosing the protected information, a brief description of the undisclosed record that will enable the applicant to assess the applicability of the legal authority for the denial; and

5.    notice of the remedies under this title for review of the denial; and

(ii)    allow inspection of any part of the record that is subject to inspection.

(2)    A custodian may not ignore an application to inspect public records on the grounds that the application was intended for purposes of harassment.

(d)    Any time limit imposed under this section:

(1)    with the consent of the applicant, may be extended for not more than 30 days; and

(2)    if the applicant seeks resolution of a dispute under § 4–1B–04 of this title, shall be extended pending resolution of that dispute.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 4-203. Timeliness of decision on application