Maryland State Government Section 10-502.5

      (a)      Any person may file a written complaint with the Board seeking a written opinion from the Board on the application of the provisions of this subtitle to the action of a public body covered by this subtitle.

      (b)      The complaint shall:

            (1)      be signed by the person making the complaint; and

            (2)      identify the public body, specify the action of the public body, the date of the action, and the circumstances of the action.

      (c)      (1)      On receipt of the written complaint, the Board shall promptly send the complaint to the public body identified in the complaint and request that a response to the complaint be sent to the Board.

            (2)      (i)      The public body shall file a written response to the complaint within 30 days of its receipt of the complaint.

                  (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)      If after 45 days, the public body has not filed a written response, 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.

      (f)      (1)      If the Board is unable to render an opinion on a complaint within the time periods specified in subsection (d) or (e) of this section, the Board shall:

                  (i)      state in writing the reason for its inability; and

                  (ii)      issue an opinion as soon as possible but not later than 90 days after the filing of the complaint.

            (2)      An opinion of the Board may state that the Board is unable to resolve the complaint.

      (g)      The Board shall send a copy of the written opinion to the complainant and to the affected public body.

      (h)      (1)      On a periodic basis, the Board may send to any public body in the State any written opinion that will provide the public body with guidance on compliance with the provisions of this subtitle.

            (2)      On request, a copy of a written opinion shall be provided to any person.

      (i)      (1)      The opinions of the Board are advisory only.

            (2)      The Board may not require or compel any specific actions by a public body.

      (j)      A written opinion issued by the Board may not be introduced as evidence in a proceeding conducted in accordance with § 10-510 of this subtitle.