Md. Code Regs. 11.01.13.11 - Review of the Denial
A. If the
written request is denied by the official custodian for a reason other than
that the record is temporarily unavailable, the applicant may request an
administrative hearing on the denial within 30 days after receipt of the
notification of the written denial.
B. If a hearing is requested by the
applicant, the hearing shall be conducted by the Office of Administrative
Hearings pursuant to a delegation from the Secretary and the hearing shall be
governed by State Government Article, §§
10-205 -10-225,
Annotated Code of Maryland and the regulations promulgated thereunder. After
the hearing, the administrative law judge shall prepare proposed findings of
fact, proposed conclusions of law, and a proposed order. The Secretary or the
Secretary's designee shall issue the final decision of the
Department.
C. If the
administrative hearing finding confirms total or partial denial of the written
request, the applicant may then seek judicial review pursuant to State
Government Article, §
10-222, Annotated
Code of Maryland.
D. If the
applicant chooses not to request a hearing under §A of this regulation,
the applicant alternatively may file an action for judicial review under State
Government Article, §10-623, Annotated Code of Maryland, without
exhausting that administrative remedy.
Notes
Regulations .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)
Regulation .11B_D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)
Regulations .11 effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)
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