BLAIR LEE III, Acting Governor

2895

THIS REMEDY NEED NOT BE EXHAUSTED PRIOR TO FILING SUIT IN
THE CIRCUIT COURT PURSUANT TO THIS ARTICLE.

(E) (1) ON COMPLAINT OF ANY PERSON DENIED THE RIGHT
TO INSPECT ANY RECORD COVERED BY THIS ARTICLE, THE CIRCUIT
COURT IN THE JURISDICTION IN WHICH THE COMPLAINANT RESIDES,
OR HAS HIS PRINCIPAL PLACE OF BUSINESS, OR IN WHICH THE
RECORDS ARE SITUATED, HAS JURISDICTION TO ENJOIN THE STATE,
ANY COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION, OR ANY

AGENCY, OFFICIAL OR EMPLOYEE THEREOF, FROM WITHHOLDING

RECORDS AND TO ORDER THE PRODUCTION OF ANY RECORDS
IMPROPERLY WITHHELD FROM THE COMPLAINANT. IN SUCH A CASE,
THE COURT MAY EXAMINE THE CONTENTS OF THE RECORDS IN CAMERA
TO DETERMINE WHETHER THE RECORDS OR ANY PART THEREOF MAY BE
WITHHELD UNDER ANY OF THE EXEMPTIONS SET FORTH IN SECTION 3,
AND THE BURDEN IS ON THE DEFENDANT TO SUSTAIN ITS ACTION.
IN CARRYING THIS BURDEN THE DEFENDANT MAY SUBMIT TO THE
COURT FOR REVIEW A MEMORANDUM JUSTIFYING THE WITHHOLDING OF
THE RECORDS.

(2)    NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE DEFENDANT SHALL SERVE AN ANSWER OR OTHERWISE PLEAD TO
ANY COMPLAINT MADE UNDER THIS SUBSECTION WITHIN 30 DAYS
AFTER SERVICE UPON THE DEFENDANT OF THE PLEADING IN WHICH
THE COMPLAINT IS MADE, UNLESS THE COURT OTHERWISE DIRECTS
FOR GOOD CAUSE SHOWN.

(3)    EXCEPT AS TO CASES THE COURT CONSIDERS OF
GREATER IMPORTANCE, PROCEEDINGS BEFORE THE COURT, AS
AUTHORIZED BY THIS SECTION, AND APPEALS THEREFROM SHALL TAKE
PRECEDENCE ON THE DOCKET OVER ALL OTHER CASES AND SHALL BE
HEARD AT THE EARLIEST PRACTICABLE DATE AND EXPEDITED IN
EVERY WAY.

(4) IN ADDITION TO ANY OTHER RELIEF WHICH MAY
BE GRANTED TO A COMPLAINANT, IN ANY SUIT BROUGHT UNDER THE
PROVISIONS OF THIS SECTION IN WHICH THE COURT DETERMINES
THAT THE DEFENDANT HAS KNOWINGLY AND WILFULLY FAILED TO
DISCLOSE OR FULLY DISCLOSE RECORDS AND INFORMATION TO ANY
PERSON WHO, UNDER THIS ARTICLE, IS ENTITLED TO RECEIVE IT,
AND THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE PERSON
WAS ENTITLED TO RECEIVE IT, THE DEFENDANT JURISDICTION ANY
DEFENDANT GOVERNMENTAL ENTITY OR ENTITIES SHALL BE LIABLE
TO THE COMPLAINANT IN AN AMOUNT EQUAL TO THE SUM OF THE
ACTUAL DAMAGES SUSTAINED BY THE INDIVIDUAL AS A RESULT OF
THE REFUSAL OR FAILURE, AND IN NO CASE SHALL A PERSON BE
ENTITLED TO RECOVERY LESS THAN THE SUM OF $1,000 AND SUCH
PUNITIVE DAMAGES AS THE COURT DEEMS APPROPRIATE.

(5) IN THE EVENT OF NONCOMPLIANCE WITH AN ORDER
OF THE COURT, THE COURT MAY PUNISH THE RESPONSIBLE EMPLOYEE
FOR CONTEMPT.

(6) THE COURT MAY ASSESS AGAINST THE DEFENDANT

JURISDICTION ANY DEFENDANT GOVERNMENTAL ENTITY OR ENTITIES

REASONABLE ATTORNEY FEES AND OTHER LITIGATION COSTS
REASONABLY INCURRED IN ANY CASE UNDER THIS SECTION IN WHICH
THE COURT DETERMINES THAT THE APPLICANT HAS SUBSTANTIALLY