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PARRIS N. GLENDENING, Governor
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Ch. 403
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(2) (I) IN DETERMINING WHETHER DISCLOSURE WOULD BE
CONTRARY TO THE PUBLIC INTEREST, THE CUSTODIAN SHALL CONSIDER WHETHER
THE POTENTIAL HARMFUL CONSEQUENCES OF DISCLOSING A PUBLIC RECORD ARE
SUFFICIENT TO OUTWEIGH THE PUBLIC INTEREST IN ACCESS TO PUBLIC RECORDS.
(II) THE DETERMINATION OF WHETHER DISCLOSURE OF A RECORD
WOULD BE CONTRARY TO THE PUBLIC INTEREST IS IN THE CUSTODIAN'S SOUND
DISCRETION, TO BE EXERCISED ONLY AFTER CAREFUL CONSIDERATION IS GIVEN TO
THE PUBLIC INTEREST INVOLVED.
10-621.
(A) IN THIS SECTION, "REASONABLE FEE" MEANS A FEE BEARING A
REASONABLE RELATIONSHIP TO THE RECOVERY OF ACTUAL COSTS INCURRED BY A
GOVERNMENTAL UNIT.
[(a)] (B) Subject to the limitations in this section, the official custodian may
charge an applicant a reasonable fee for the search for, preparation of, and
reproduction of a public record.
[(b)] (C) The official custodian may not charge a fee for the first 2 hours that
are needed to search for a public record and prepare it for inspection.
[(c)] (D) (1) If another law sets a fee for a copy, printout, or photograph of a
public record, that law applies.
(2) The official custodian otherwise may charge any reasonable fee for
making or supervising the making of a copy, printout, or photograph of a public
record.
(3) The official custodian may charge for the cost of providing facilities
for the reproduction of the public record if the custodian did not have the facilities.
[(d)] (E) The official custodian may waive a fee under this section if:
(1) the applicant asks for a waiver; and
(2) after consideration of the ability of the applicant to pay the fee, THE
INTENTION OF THE APPLICANT TO INSPECT OR COPY THE PUBLIC RECORD FOR A
PURPOSE LIKELY TO BENEFIT THE PUBLIC GENERALLY RATHER THAN FOR A
PURPOSE RELATED SOLELY TO A PERSONAL OR COMMERCIAL INTEREST OF THE
APPLICANT, and other relevant factors, the official custodian determines that the
waiver would be in the public interest.
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.
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- 3081 -
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