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02.06.01.00.htm 02.06.01.00. Title 02 OFFICE OF THE ATTORNEY GENERAL Subtitle 06 GENERAL REGULATIONS Chapter 01 Public Information Act Requests Authority: State Government Article, §10-611―10-628, Annotated Code of Maryland
02.06.01.01.htm 02.06.01.01. 01 Scope.. This chapter sets out procedures under the Public Information Act for filing and processing requests to the Office of the Attorney General for the inspection and copying of public records of the Office.
02.06.01.02.htm 02.06.01.02. 02 Policy.. It is the policy of the Office of the Attorney General to facilitate access to the public records of the Office, if access is allowed by law, by minimizing costs and time delays to applicants.
02.06.01.03.htm 02.06.01.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Public Information Act, State Government Article, §10-611―10-628, Annotated Code of Maryland.2) "Applicant" has the meaning stated in State Government Article, §10-611(b) Annotated Code of Maryland.3) "Custodian" has the meaning stated in State Government Article, §10-611(c) Annotated Code of Maryland.4) "Office" means the Office of the Attorney General..
02.06.01.04.htm 02.06.01.04. 04 Attorney General as Official Custodian.. Unless otherwise provided by law, the Attorney General is the official custodian of the public records of the Office.
02.06.01.05.htm 02.06.01.05. 05 Who May Request Public Records.. Any person may request to inspect or copy public records of the Office..
02.06.01.06.htm 02.06.01.06. 06 Necessity for Written Request.. A. Inspection.. 1) Except as otherwise provided in this chapter, the custodian shall make public records of the Office available for inspection by an applicant without demanding a written request.2) The custodian shall require a written request if the custodian reasonably believes that:. a) The Act or any other law may prohibit the disclosure of the public record to the applicant; or.
02.06.01.07.htm 02.06.01.07. 07 Contents of Written Request.. A written request shall:. A. Contain the applicant's name and address;. B. Be signed by the applicant; and. C. Reasonably identify, by brief description, the public record sought..
02.06.01.08.htm 02.06.01.08. 08 Addressee.. A request to inspect or copy a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Attorney General.
02.06.01.09.htm 02.06.01.09. 09 Response to Request.. A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:1) Immediately; or. 2) If additional time is needed to retrieve the public record and conduct any necessary review, within a reasonable time period, not to exceed 30 days after the date of the request.B. If the custodian decides to deny a request for inspection, the custodian shall:. 1) Do so within 30 days after the request; and.
02.06.01.10.htm 02.06.01.10. 10 Notice to Person Possibly Affected by Disclosure.. A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Office to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.B. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.
02.06.01.11.htm 02.06.01.11. 11 Public Record Temporarily Unavailable.. If a requested public record of the Office is in the custody and control of the person to whom application is made but is not immediately available for inspection or copying, the custodian shall promptly:A. Notify the applicant that the public record is not immediately available; and. B. Schedule a date within a reasonable time for inspection or copying..
02.06.01.12.htm 02.06.01.12. 12 Public Record Destroyed or Lost.. If the person to whom application is made knows that a requested public record of the Office has been destroyed or lost, the person shall promptly:A. Notify the applicant that the public record is not available; and. B. Explain the reasons why the public record cannot be produced..
02.06.01.13.htm 02.06.01.13. 13 Review of Denial.. A. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may, within 30 days after receipt of the notice of denial, request administrative review.B. If the applicant requests administrative review:. 1) The review shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and2) The Attorney General shall issue the final decision of the Office unless the Attorney General del
02.06.01.14.htm 02.06.01.14. 14 Disclosure Against Public Interest.. A. Denial Pending Court Order.. 1) If, in the opinion of the Attorney General, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Attorney General may temporarily deny the request to obtain a court order allowing nondisclosure.2) A temporary denial shall be in writing.. B. Circuit Court Review.. 1) Within 10 working days after the denial, the At
02.06.01.15.htm 02.06.01.15. 15 Fees.. A. Except as provided in §B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Office is as follows:1) For each copy made by a photocopying machine within the Office, 25 cents per page;. 2) For each copy made other than by a photocopying machine within the Office, the actual cost of reproduction; and3) For certification as a true copy of a copy of a public record, an additional fee of $1 per page, or if appropriate, per it
02.06.01.16.htm 02.06.01.16. 16 Time and Place of Inspection.. A. An applicant may inspect any public record of the Office that the applicant is entitled to inspect during the normal working hours of the Office.B. The inspection shall occur where the public record is located, unless the custodian, after taking into account the applicant's expressed wish, determines that another place is more suitable and convenient.
02.06.01.9999.htm 02.06.01.9999. Administrative History Effective date: August 18, 2003 (30:16 Md. R. 1073).
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