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Session Laws, 2002
Volume 800, Page 25   View pdf image
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PARRIS N. GLENDENING, Governor Ch. 3
FACILITIES, OR LABORATORIES ESTABLISHED, MAINTAINED, OR REGULATED BY THE
STATE OR ANY OF ITS POLITICAL SUBDIVISIONS. (2) THE CUSTODIAN MAY DENY INSPECTION OF A PART OF A PUBLIC
RECORD UNDER PARAGRAPH (1) OF THIS SUBSECTION ONLY TO THE EXTENT THAT
THE INSPECTION WOULD: (I) JEOPARDIZE THE SECURITY OF ANY STRUCTURE OWNED OR
OPERATED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; (II) FACILITATE THE PLANNING OF A TERRORIST ATTACK; OR (III) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL. 10-622. (a) This section does not apply when the official custodian temporarily denies
inspection under § 10-619 of this subtitle. (b) 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) A person or governmental unit need not exhaust the remedy under this
section before filing suit. 10-623. (a) 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 (2) the public record is located. (b) (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) (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
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Session Laws, 2002
Volume 800, Page 25   View pdf image
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