Maryland Public Information Act Request

MARYLAND PUBLIC INFORMATION ACT REQUEST

(Md. Code, General Provisions § 4-101 et seq.)

PRACTITIONER NOTES

1. A written application is generally required unless the record appears on the custodian's immediate-access list or the custodian waives writing. If the recipient is not the custodian, the recipient must respond within ten working days and, if known, identify the custodian and the record's location or possible location. Md. Code, General Provisions § 4-202.
2. The custodian must grant or deny an application promptly and ordinarily no later than 30 days after receipt. An approved record must be produced immediately or within the reasonable retrieval period, but ordinarily no later than 30 days. A special 50-day rule applies to applications governed by § 4-356. § 4-203(a)-(b).
3. If production is reasonably expected to take more than ten working days, the custodian must provide within ten working days a written or emailed notice stating the anticipated production time, estimated fee range, and reason for delay. § 4-203(b)(2).
4. A denial requires a written statement within ten working days containing the reasons, legal authority, a nonrevealing description sufficient to assess the claimed authority, and notice of review remedies. The custodian must permit inspection of every part subject to inspection. § 4-203(c).
5. If a requested record does not exist, the custodian must say so immediately when determined on initial review or promptly after a search, but no later than 30 days after receipt. § 4-202(d).
6. If a record exists in searchable and analyzable electronic form, the custodian generally must provide it in that form when requested and technically able to do so without disclosing protected information. The statute does not require creation, compilation, or programming of a new record and permits removal of metadata. § 4-205(c).
7. A custodian may charge a fee reasonably related to actual costs, including prorated salary and attributable staff or attorney review time, but may not charge for the first two hours needed to search for and prepare a record for inspection. Fee waiver grounds include qualifying indigency and the public interest after consideration of ability to pay and other relevant factors. § 4-206.
8. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[PIA REPRESENTATIVE / OFFICIAL CUSTODIAN]
[GOVERNMENTAL UNIT]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Maryland Public Information Act Request — [SUBJECT]

Dear Custodian:

Under Maryland's Public Information Act, Md. Code, General Provisions § 4-101 et seq., I request inspection and/or copies of the public records described below.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

This request seeks existing records and does not require creation, compilation, or programming of a new record. If clarification would help identify responsive records or reduce cost, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, Format, and Delivery

I request:

• ☐ inspection at a reasonable time;
• ☐ searchable and analyzable electronic copies under § 4-205(c), where the statutory conditions are met;
• ☐ electronic copies in another existing format: [FORMAT];
• ☐ paper copies;
• ☐ inspection first, with copies selected afterward; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

3. Fees and Cost Communication

I authorize lawful fees up to $[AMOUNT]. If the request will exceed that amount, please provide the fee-range estimate required by § 4-203(b)(2) and a more detailed calculation if available, then obtain my written approval before proceeding.

Please exclude the first two hours needed to search for and prepare the records for inspection and calculate any staff or attorney time using prorated salary and actual attributable time as required by § 4-206(b)-(c).

[OPTIONAL WAIVER REQUEST: I request a fee waiver under § 4-206(e) because ☐ I am indigent and attach the required affidavit; and/or ☐ waiver would be in the public interest after consideration of my ability to pay and these other relevant factors: [DETAILS].]

4. Response, Production, and Any Denial

Please grant or deny this application promptly and ordinarily no later than 30 days after receipt, and produce approved records immediately or within the reasonable retrieval period allowed by § 4-203.

If production will take more than ten working days, please send within ten working days the written or emailed notice required by § 4-203(b)(2), including:

1. the anticipated production time;
2. the estimated range of fees; and
3. the reason for delay.

If any record or portion is denied, please provide within ten working days the complete written statement required by § 4-203(c), including the reasons, legal authority, a brief nonrevealing description of the undisclosed record, and notice of review remedies. Please provide every portion that is subject to inspection.

If no responsive record exists, please provide the notice required by § 4-202(d). If you are not the custodian, please provide the notice and custodian information required by § 4-202(c).

Thank you for your assistance.

Respectfully,

[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Keep the record: Preserve the application, proof of receipt, delay notice, estimate, fee communications, payment, production, denial, and all dispute-resolution correspondence.
• Extensions: A § 4-203 deadline may be extended with the applicant's consent for no more than 30 days. It is also extended while the applicant or custodian seeks resolution under the Ombudsman or Board subtitles. § 4-203(d).
• Ombudsman mediation: The Public Access Ombudsman makes reasonable attempts to resolve disputes involving exemptions, redactions, timeliness, completeness, scope, production time, fee waivers, fees, and certain request-pattern disputes. The Ombudsman ordinarily issues a final resolved-or-unresolved determination within 90 calendar days unless the parties agree to extend. § 4-1B-04.
• Compliance Board: After unsuccessful Ombudsman resolution, an applicant may file a signed written complaint with the State Public Information Act Compliance Board within 30 calendar days after receiving the Ombudsman's final determination. The Board's applicant-complaint authority includes unlawful denials, unreasonable fees over $350, and failure to meet § 4-203(a) or (d) time limits. §§ 4-1A-04(a), 4-1A-05.
• Circuit Court: A person denied inspection or a requested copy may file in the Circuit Court for a county where the complainant resides or has a principal place of business or where the record is located, subject to the statute's specific venue rules for Board appeals. The governmental unit bears the burden of sustaining its denial. § 4-362(a)-(b).
• Relief and priority: The proceeding generally receives docket priority and expedited treatment. The court may enjoin withholding, order production, inspect records in camera, and punish noncompliance as contempt. § 4-362(c).
• Damages: For a knowing and willful failure to disclose or provide a requested copy, the governmental unit may be liable for appropriate actual damages and up to $1,000 in statutory damages. Different actual-damages language applies to an official custodian who fails to seek a court order after a temporary denial. § 4-362(d).
• Counsel fees and costs: If the complainant substantially prevails, the court may assess reasonable counsel fees and other reasonably incurred litigation costs against the governmental unit. § 4-362(f).
• Get legal advice promptly: Exemptions, special statutory timelines, fee disputes, Ombudsman and Board procedure, venue, and court remedies are fact-sensitive.

CURRENT OFFICIAL SOURCES

• Maryland General Assembly — § 4-201, right to inspect
• Maryland General Assembly — § 4-202, application and misdirection
• Maryland General Assembly — § 4-203, response and production
• Maryland General Assembly — § 4-205, copies and electronic format
• Maryland General Assembly — § 4-206, fees and waivers
• Maryland General Assembly — § 4-1A-04, Compliance Board authority
• Maryland General Assembly — § 4-1A-05, Board complaints
• Maryland General Assembly — § 4-1B-04, Ombudsman disputes
• Maryland General Assembly — § 4-362, judicial enforcement