HARRY HUGHES, Governor                                         1357

Subsections (a)(2) and (b) of this section are new
language derived without substantive change from
former Art. 76A, § 3(d).

In subsection (a)(2) of this section, the reference to
the ' individual not being "the custodian" is
substituted for the former reference to the public
record not being "in the custody or control of the"
individual, since subsection (a)(2)(ii)l. of this
section indicates that these provisions are not
intended to apply when the individual is the custodian
of a public record but, at the time of the specific
request, does not have the public record.

Defined terms: "Applicant" § 10-611
"Custodian" § 10-611 "Person" § 1-101
"Public record" § 10-611

10-615. REQUIRED DENIALS -- IN GENERAL.

A CUSTODIAN SHALL DENY INSPECTION OF A PUBLIC RECORD OR ANY
PART OF A PUBLIC RECORD IF:

(1)  BY LAW, THE PUBLIC RECORD IS PRIVILEGED OR
CONFIDENTIAL; OR

(2)  THE INSPECTION WOULD BE CONTRARY TO:

(I)  A STATE STATUTE;

(II)  A FEDERAL STATUTE OR A REGULATION THAT IS
ISSUED UNDER THE STATUTE AND HAS THE FORCE OF LAW;

APPEALS; OR

(III) THE RULES ADOPTED BY THE COURT OF

(IV) AN ORDER OF A COURT OF RECORD.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, §
3(a).

The duty to "deny inspection" is substituted for the
former duty to "allow ... inspection ... except on one
or more of the following grounds", for clarity and
conformity to §§ 10-616 and 10-617 of this subtitle.
The duty to allow inspection generally appears in §
10-613 of this subtitle.

Defined terms: "Custodian" § 10-611
"Public record" § 10-611

10-616. REQUIRED DENIALS -- SPECIFIC RECORDS.

(A)

IN GENERAL.