§ 10-614. Applications

   (a) Required. --

   (1) Except as provided in paragraph (2) of this subsection, a person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian.

   (2) A person or governmental unit need not submit a written application to the custodian if:

      (i) the person or governmental unit seeks to inspect a public record listed by an official custodian in accordance with § 10-613 (c) (2) of this subtitle; or

      (ii) the custodian waives the requirement for a written application.

   (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.

(b) Grant or denial by custodian. --

   (1) 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:

         1. the reasons for the denial;

         2. the legal authority for the denial; and

         3. notice of the remedies under this Part III of this subtitle for review of the denial; and

      (iii) permit inspection of any part of the record that is subject to inspection and is reasonably severable.

   (4) With the consent of the applicant, any time limit imposed under this subsection may be extended for not more than 30 days.

(c) Improper conditions for the granting of an application; exceptions. --

   (1) Except to the extent that the grant of an application is related to the status of the applicant as a person in interest and except as required by other law or regulation, the custodian may not condition the grant of an application on:

      (i) the identity of the applicant;

      (ii) any organizational or other affiliation of the applicant; or

      (iii) a disclosure by the applicant of the purpose for an application.

   (2) This subsection does not preclude an official custodian from considering the identity of the applicant, any organizational or other affiliation of the applicant, or the purpose for the application if:

      (i) the applicant chooses to provide this information for the custodian to consider in making a determination under § 10-618 of this subtitle;

      (ii) the applicant has requested a waiver of fees pursuant to § 10-621 (e) of this subtitle; or

      (iii) the identity of the applicant, any organizational or other affiliation of the applicant, or the purpose for the application is material to the determination of the official custodian in accordance with § 10-621 (e) (2) of this subtitle.

   (3) Consistent with this subsection, an official may request the identity of an applicant for the purpose of contacting the applicant.

HISTORY: An. Code 1957, art. 76A, § 3; 1984, ch. 284, § 1; 2002, ch. 403, § 1.