HARRY HUGHES, Governor

1367

IF:

(D) WAIVER.

THE OFFICIAL CUSTODIAN MAY WAIVE A FEE UNDER THIS SECTION

(1) THE APPLICANT ASKS FOR A WAIVER; AND

(2) AFTER CONSIDERATION OF THE ABILITY OF THE
APPLICANT TO PAY THE FEE AND OTHER RELEVANT FACTORS, THE OFFICIAL
CUSTODIAN DETERMINES THAT THE WAIVER WOULD BE IN THE PUBLIC
INTEREST.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, §
4(c) through (e), the second sentence of (a), and the
fourth sentence and the second clause of the fifth
sentence of (b).

In subsection (b) of this section, the reference to
"search for ... and prepare it for inspection" is
substituted for the former reference to a "search or
preparation fee ... to respond to a request for
information", for clarity.

Defined terms: "Applicant" § 10-611
"Custodian" § 10-611 "Official custodian"
"Public record" § 10-611

§ 10-611

10-622. ADMINISTRATIVE REVIEW.

(A)   SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY WHEN THE OFFICIAL CUSTODIAN
TEMPORARILY DENIES INSPECTION UNDER § 10-619 OF THIS SUBTITLE.

(B)  PERMITTED.

IF A UNIT IS SUBJECT TO SUBTITLE 2 OF THIS TITLE, A PERSON
OR GOVERNMENTAL UNIT MAY SEEK ADMINISTRATIVE REVIEW IN ACCORDANCE
WITH THAT SUBTITLE OF A DECISION OF THE UNIT, UNDER THIS PART III
OF THIS SUBTITLE, TO DENY INSPECTION OF ANY PART OF A PUBLIC
RECORD.

(C) NOT REQUIRED.

A PERSON OR GOVERNMENTAL UNIT NEED NOT EXHAUST THE REMEDY
UNDER THIS SECTION BEFORE FILING SUIT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, §
5(a), as it related to the inspection of a public
record.

Defined terms: "Official custodian" § 10-611