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PARRIS N. GLENDENING, Governor
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Ch. 403
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(II) THE CUSTODIAN WAIVES THE REQUIREMENT FOR A WRITTEN
APPLICATION.
[(2)] (3) If the individual to whom the application is submitted is not the
custodian of the public record, within 10 working days after receiving the application,
the individual shall give the applicant:
(i) notice of that fact; and
(ii) if known:
1. the name of the custodian; and
2. the location or possible location of the public record.
(4) WHEN AN APPLICANT REQUESTS TO INSPECT A PUBLIC RECORD AND
A CUSTODIAN DETERMINES THAT THE RECORD DOES NOT EXIST, THE CUSTODIAN
SHALL NOTIFY THE APPLICANT OF THIS DETERMINATION:
(I) IF THE CUSTODIAN HAS REACHED THIS DETERMINATION UPON
INITIAL REVIEW OF THE APPLICATION, IMMEDIATELY; OR
(II) IF THE CUSTODIAN HAS REACHED THIS DETERMINATION
AFTER A SEARCH FOR POTENTIALLY RESPONSIVE PUBLIC RECORDS, PROMPTLY
AFTER THE SEARCH IS COMPLETED BUT NOT TO EXCEED 30 DAYS AFTER RECEIVING
THE APPLICATION.
(5) WHEN AN APPLICATION DOES NOT REASONABLY DESCRIBE A
PUBLIC RECORD BECAUSE THE APPLICATION IS DEEMED BY A CUSTODIAN TO BE
VAGUE OR AMBIGUOUS OR OVERLY BROAD, THE CUSTODIAN SHALL NOTIFY THE
APPLICANT OF THIS CONCLUSION!
(I) IF THE CUSTODIAN HAS REACHED THIS CONCLUSION UPON
INITIAL REVIEW OF THE APPLICATION, IMMEDIATELY; OR
(II) IF THE CUSTODIAN HAS REACHED THIS CONCLUSION AFTER A
SEARCH FOR POTENTIALLY RESPONSIVE PUBLIC RECORDS, PROMPTLY AFTER THE
SEARCH IS COMPLETED BUT NOT TO EXCEED 00 DAYS AFTER RECEIVING THE
APPLICATION.
(b) (1) [Within 30 days after receiving an application, the] THE custodian
shall grant or deny the application PROMPTLY, BUT NOT TO EXCEED 30 DAYS AFTER
RECEIVING THE APPLICATION.
(2) A custodian who approves the application shall produce the public
record immediately or within the reasonable period that is needed to retrieve the
public record, but not to exceed 30 days after receipt of the application.
(3) A custodian who denies the application shall:
(i) immediately notify the applicant;
(ii) within 10 working days, give the applicant a written statement
that gives:
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- 3079 -
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![clear space](../../../images/clear.gif) |