2958

LAWS OF MARYLAND

Ch. 431

4.

(a)  In all cases in which a person has the right to
inspect any public records 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, printingout, or
photographing as he may charge for furnishing copies under
this section.

(C)  EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS
SECTION, THE OFFICIAL CUSTODIAN MAY CHARGE REASONABLE FEES
FOR THE SEARCH AND PREPARATION OF RECORDS FOR INSPECTION AND
COPYING.

(D)  THE OFFICIAL CUSTODIAN MAY NOT CHARGE ANY SEARCH
OR PREPARATION FEE FOR THE FIRST 2 HOURS OF OFFICIAL OR
EMPLOYEE TIME THAT IS NEEDED TO RESPOND TO A REQUEST FOR
INFORMATION.

(E)  THE OFFICIAL CUSTODIAN MAY WAIVE ANY COST OR FEE
CHARGED UNDER THIS SUBTITLE IF A WAIVER IS REQUESTED AND THE
OFFICIAL CUSTODIAN DETERMINES THAT A WAIVER WOULD BE IN THE
PUBLIC INTEREST. THE OFFICIAL CUSTODIAN SHALL CONSIDER,
AMONG OTHER RELEVANT FACTORS, THE ABILITY OF THE REQUESTER
TO PAY THE COST OR FEE.

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