1502

LAWS OF MARYLAND

Ch. 284

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" § 5-101

"Custodian" § 5-101 "Official custodian" § 5-101

"Public record" § 5-101

5-113. ADMINISTRATIVE REVIEW.

(A)  SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY WHEN THE OFFICIAL CUSTODIAN
TEMPORARILY DENIES INSPECTION UNDER § 5-110 OF THIS SUBTITLE.

(B)  PERMITTED.

IF A UNIT IS SUBJECT TO TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE, A PERSON OR GOVERNMENTAL UNIT MAY SEEK
ADMINISTRATIVE REVIEW IN ACCORDANCE WITH THAT SUBTITLE OF A
DECISION OF THE UNIT, UNDER THIS PART I 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" § 5-101
"Person" § 1-101 "Public record" § 5-101

5-114. JUDICIAL REVIEW.

(A) PETITION AUTHORIZED.

WHENEVER A PERSON OR GOVERNMENTAL UNIT IS DENIED INSPECTION
OF A PUBLIC RECORD, THE PERSON OR GOVERNMENTAL UNIT MAY FILE A
COMPLAINT WITH THE CIRCUIT COURT FOR THE COUNTY WHERE:

(1) THE COMPLAINANT RESIDES OR HAS A PRINCIPAL PLACE
OF BUSINESS; OR