2016 Maryland Code
General Provisions
Title 3 - Open Meetings Act
Subtitle 2 - State Open Meetings Law Compliance Board
§ 3-206. Receipt of complaint; response

(a) Receipt of complaint. -- Except as provided in subsection (c) of this section, on receipt of the written complaint, the Board promptly shall:

(1) send the complaint to the public body identified in the complaint; and

(2) request that a response to the complaint be sent to the Board.

(b) Response required. --

(1) The public body shall file a written response to the complaint within 30 days after it receives the complaint.

(2) On request of the Board, the public body shall include with its written response to the complaint a copy of:

(i) the notice provided under § 3-302 of this title;

(ii) any written statement made under § 3-305(d)(2)(ii) of this title; and

(iii) the minutes and any recording made by the public body under § 3-306 of this title.

(3) The Board shall maintain the confidentiality of the minutes and any recording submitted by a public body that are sealed in accordance with § 3-306(c)(3)(ii) of this title.

(c) Procedure for public body no longer existing. --

(1) If the public body identified in the complaint no longer exists, the Board promptly shall send the complaint to the official or entity that appointed the public body.

(2) The official or entity that appointed the public body shall comply, to the extent feasible, with the requirements of subsection (b) of this section.

(d) Effect of failure to respond. -- If a written response is not received within 45 days after the notice is sent, the Board shall decide the case on the facts before the Board.