Sec. 02.05.01.05. Public Access to Documents

A. Any person may request to inspect or copy all or part of an application or documents generated upon review of an application.

B. Unless it conflicts with this chapter or State Government Article, Title 6.5, Annotated Code of Maryland, the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland applies to public access to the application or documents generated upon review of an application, including provisions concerning judicial review of a denial of access.

C. General Rule of Confidentiality and Nondisclosure. Except as provided in §D or E of this regulation or otherwise by law, all information and documents gathered by or filed with the Attorney General pursuant to an application, investigation, or examination under this chapter are:

(1) Confidential;

(2) Not subject to subpoena; and

(3) Not to be made public by the Attorney General or any other party.

D. Waiver by Written Consent of Person to Which the Material Relates. If the person to whom the material relates gives prior written consent by delivery in a form considered acceptable by the Attorney General, the material may be made public.

E. Attorney General's Discretion to Disclose. After giving the applicant notice and an opportunity to be heard, if the Attorney General determines that disclosure is in the interest of the stockholders of the transferor or the public, the Attorney General may disclose all or part of material otherwise confidential under §C of this regulation.

F. Process for Requesting Access.

(1) A request to inspect or copy materials shall be in writing.

(2) The request shall be directed to the Attorney General.

(3) The request shall:

(a) Contain the requestor's name and address;

(b) Be signed by the requestor; and

(c) Contain a brief description of the information sought.

(4) If the Attorney General grants a request for inspection or copying, the materials shall be produced within a reasonable period not to exceed 30 days from the date of the receipt of the request.

(5) If the Attorney General denies the request in whole or in part, the denial shall:

(a) Be mailed within 30 days from the date of the receipt of the request; and

(b) State the reasons for the denial.

(6) With the consent of the requestor, any time limit imposed in this process may be extended for an additional period.

G. Fee for Copying Materials. The Attorney General may:

(1) Charge a reasonable fee per page of material copied comparable to fees currently charged by other agencies for copies provided under the State Government Article, §10-621, Annotated Code of Maryland; or

(2) Waive the fee if the Attorney General decides that waiver of the fee is in the public interest.

H. Judicial Review. The requestor may seek judicial review of a decision by the Attorney General to deny access to materials, but, unless otherwise ordered by a court, the appeal may not delay action upon the application for conversion.