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Session Laws, 1978
Volume 736, Page 2894   View pdf image
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2894

LAWS OF MARYLAND

Ch. 1006

DENIAL THE OFFICIAL CUSTODIAN APPLIES to the circuit court
of the county where the record is located OR WHERE HE
MAINTAINS HIS PRINCIPAL OFFICE for an order permitting him
to CONTINUE TO DENY OR restrict such disclosure. THE
FAILURE OF THE OFFICIAL CUSTODIAN TO APPLY FOR A COURT
DETERMINATION FOLLOWING A TEMPORARY DENIAL OF INSPECTION
WILL RESULT IN HIS BECOMING SUBJECT TO THE SANCTIONS
PROVIDED IN THIS ARTICLE FOR FAILURE TO DISCLOSE AUTHORIZED
PUBLIC RECORDS REQUIRED TO BE DISCLOSED. After hearing, the
court may issue such an order upon a finding that disclosure
would cause substantial injury to the public interest. The
person seeking permission to examine the record shall have
notice of [said hearing] THE APPLICATION SENT TO THE CIRCUIT
COURT served upon him in the manner provided for service of
process by the MARYLAND Rules of Procedure and shall have
the right to appear and be heard.

4.

(a)    In all cases in which a person has the right to
inspect any public records [he may request that he] SUCH
PERSON SHALL HAVE THE RIGHT TO be furnished copies,
printouts, or photographs for a reasonable fee to be set by
the official custodian. Where fees for certified copies or
other copies, printouts, or photographs of such record are
specifically prescribed by law, such specific fees shall
apply.

(b)    If the custodian does not have the facilities for
making copies, printouts, or photographs of records which
the applicant has the right to inspect, then the applicant
shall be granted access to the records for the purpose of
making copies, printouts, or photographs. The copies,
printouts, or photographs shall be made while the records
are in the possession, custody, and control of the custodian
thereof and shall be subject to the supervision of such
custodian. When practical, they shall be made in the place
where the records are kept, but if it is impractical to do
so, the custodian may allow arrangements to be made for this
purpose. If other facilities are necessary the cost of
providing them shall be paid by the person desiring a copy,
printout, or photograph of the records. The official
custodian may establish a reasonable schedule of times for
making copies, printouts, or photographs and may charge a
reasonable fee for the services rendered by him or his
deputy in supervising the copying, printing out, or
photographing as he may charge for furnishing copies under
this section.

5.

(A) EXCEPT IN CASES OF TEMPORARY DENIALS UNDER
SECTION 3(E) OF THIS SUBTITLE ANY APPLICANT DENIED THE RIGHT
TO INSPECT PUBLIC RECORDS WHERE THE OFFICIAL CUSTODIAN OF
THE RECORDS IS AN AGENCY SUBJECT TO THE PROVISIONS OF
SUBTITLE 24 OF ARTICLE 41 OF THIS CODE MAY ASK FOR AN
ADMINISTRATIVE REVIEW OF THIS DECISION IN ACCORDANCE WITH
SECTION 251 THROUGH 254 OF ARTICLE 41 OF THIS CODE, HOWEVER,

 

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Session Laws, 1978
Volume 736, Page 2894   View pdf image
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