2015 Maryland Code
GENERAL PROVISIONS
Title 4 - PUBLIC INFORMATION ACT
Subtitle 1A - STATE PUBLIC INFORMATION ACT COMPLIANCE BOARD.
§ 4-1A-07 - Decision of Board
(a) In general; based on complaint and response. --
(1) The Board shall review the complaint and any response.
(2) If the information in the complaint and response is sufficient for making a determination based on the Board's own interpretation of the evidence, within 30 days after receiving the response, the Board shall issue a written opinion as to whether a violation of this title has occurred or will occur.
(b) Informal conference. --
(1) (i) Subject to subparagraph (ii) of this paragraph, 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 custodian, or any other person with relevant information about the subject of the complaint.
(ii) The Board shall hold the informal conference under subparagraph (i) of this paragraph in a location that is as convenient as practicable to the complainant and the custodian.
(2) When conducting a conference that is scheduled under paragraph (1) of this subsection, the Board may allow the parties to testify by teleconference or submit written testimony by electronic mail.
(3) An informal conference scheduled by the Board is not a contested case within the meaning of § 10-202(d) of the State Government Article.
(4) The Board shall issue a written opinion within 30 days after the informal conference.
(c) Failure or inability to issue opinion. --
(1) If the Board is unable to issue an opinion on a complaint within the time periods specified in subsection (a) or (b) of this section, the Board shall:
(i) state in writing the reason for its inability to issue an opinion; 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.
(d) Forwarding copy of opinion. -- The Board shall send a copy of the written opinion to the complainant and the affected custodian.
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