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2007 Laws of Maryland
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Ch. 643
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(ii) On request of the Board, the public body shall include with
its written response to the complaint a copy of:
1. a notice provided under § 10-506 of this subtitle;
2. a written statement made under § 10-508(d)(2)(ii) of
this subtitle; and
3. minutes and any tape recording made by the public
body under § 10-509 of this subtitle.
(iii) The Board shall maintain the confidentiality of minutes and
any tape recording submitted by a public body that are sealed in accordance with §
10-509(c)(3)(ii) of this subtitle.
(3) (I) IF THE PUBLIC BODY IDENTIFIED IN THE COMPLAINT
NO LONGER EXISTS, THE BOARD SHALL PROMPTLY SEND THE COMPLAINT TO
THE OFFICIAL OR ENTITY THAT APPOINTED THE PUBLIC BODY.
(II) THE OFFICIAL OR ENTITY THAT APPOINTED THE
PUBLIC BODY SHALL, TO THE EXTENT FEASIBLE, COMPLY WITH THE
REQUIREMENTS OF PARAGRAPH (2) OF THIS SUBSECTION.
(4) If after 45 days, [the public body has not filed] a written response
IS NOT RECEIVED, the Board shall decide the case on the facts before it.
(d) The Board shall:
(1) review the complaint and any response; and
(2) if the information in the complaint and response is sufficient to
permit a determination, issue a written opinion as to whether a violation of the
provisions of this subtitle has occurred or will occur not later than 30 days after
receiving the response.
(e) (1) If the Board is unable to reach a determination based on the
written submissions before it, the Board may schedule an informal conference to hear
from the complainant, the public body, or any other person with relevant information
about the subject of the complaint.
(2) An informal conference scheduled by the Board is not a "contested
case" within the meaning of § 10-202(d) of this title.
(3) The Board shall issue a written opinion not later than 30 days
following the informal conference.
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- 4048 -
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