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Session Laws, 1984
Volume 759, Page 1503   View pdf image
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HARRY HUGHES, Governor

1503

(2) THE PUBLIC RECORD IS LOCATED.

(B)  DEFENDANT.

(1)  UNLESS, FOR GOOD CAUSE SHOWN, THE COURT OTHERWISE
DIRECTS AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
DEFENDANT SHALL SERVE AN ANSWER OR OTHERWISE PLEAD TO THE
COMPLAINT WITHIN 30 DAYS AFTER SERVICE OF THE COMPLAINT.

(2)  THE DEFENDANT:

(I)  HAS THE BURDEN OF SUSTAINING A DECISION TO
DENY INSPECTION OF A PUBLIC RECORD; AND

(II)  IN SUPPORT OF THE DECISION, MAY SUBMIT A
MEMORANDUM TO THE COURT.

(C)  COURT.

(1)  EXCEPT FOR CASES THAT THE COURT CONSIDERS OF
GREATER IMPORTANCE, A PROCEEDING UNDER THIS SECTION, INCLUDING AN
APPEAL, SHALL:

(I)  TAKE PRECEDENCE ON THE DOCKET;

(II)  BE HEARD AT THE EARLIEST PRACTICABLE DATE;
AND

(III)  BE EXPEDITED IN EVERY WAY.

(2)  THE COURT MAY EXAMINE THE PUBLIC RECORD IN CAMERA
TO DETERMINE WHETHER ANY PART OF IT MAY BE WITHHELD UNDER THIS
PART I OF THIS SUBTITLE.

(3)  THE COURT MAY:

(I)  ENJOIN A POLITICAL SUBDIVISION OR A UNIT,
OFFICIAL, OR EMPLOYEE OF THE POLITICAL SUBDIVISION FROM
WITHHOLDING THE PUBLIC RECORD;

(II)  PASS AN ORDER FOR THE PRODUCTION OF THE
PUBLIC RECORD THAT WAS WITHHELD FROM THE COMPLAINT; AND

(III)  FOR NONCOMPLIANCE WITH THE ORDER, PUNISH
THE RESPONSIBLE EMPLOYEE FOR CONTEMPT.

(D)  DAMAGES.

(1) A DEFENDANT GOVERNMENTAL UNIT IS LIABLE TO THE
COMPLAINANT FOR ACTUAL DAMAGES AND ANY PUNITIVE DAMAGES THAT THE
COURT CONSIDERS APPROPRIATE IF THE COURT FINDS THAT ANY DEFENDANT
KNOWINGLY AND WILLFULLY FAILED TO DISCLOSE OR FULLY TO DISCLOSE A
PUBLIC RECORD THAT THE COMPLAINANT WAS ENTITLED TO INSPECT UNDER
THIS PART I OF THIS SUBTITLE.

 

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Session Laws, 1984
Volume 759, Page 1503   View pdf image
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