Sec. 14.25.06.09. Review of Denial

A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing within 10 working days after receipt of the notice of the denial. The hearing request shall be made in writing to the custodian who denies the request.

B. Hearing Procedures.

(1) If an applicant requests a hearing, the hearing shall be conducted by the Executive Director or a designee.

(2) A hearing is governed by State Government Article, §§10-201-10-217, Annotated Code of Maryland, and COMAR 08.01.04.

(3) After a hearing, the designee shall prepare a decision for the Executive Director.

(4) The Executive Director shall issue the final decision of the Authority within 30 days of the receipt of the recommended decision.

(5) If a hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in circuit court under State Government Article, §10-623, Annotated Code of Maryland.

C. If an applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland. The applicant need not exhaust the administrative remedy in §A of this regulation before filing suit.