How do I file a public records request in Maryland?
1. Statute. Maryland Public Information Act (MPIA), Md. Code, Gen. Prov. §§ 4-101 to 4-601 (formerly State Gov't § 10-611). Liberally construed.
2. Who Can Request. Any person—no residency requirement (§ 4-201).
3. Form of Request. Written, including email. Must reasonably describe records; agency must help refine if too broad.
4. Agency Response Deadline. Immediately if possible, no later than 30 days from receipt (§ 4-203). If denying or partially denying, written notice within 30 days. Agency may seek an additional 30 days with notice.
5. Fees. Actual cost of reproduction, plus search/preparation time after the first 2 hours, at the lowest-paid qualified employee's hourly rate (§ 4-206). Fee waivers in the public interest available. Agency must provide a written estimate if fees exceed $25; prepayment may be required if fees exceed $100.
6. Exemptions. § 4-301 to § 4-353: personnel records, medical records, sociological information, commercial info/trade secrets, financial info, attorney work product, executive privilege/deliberative process, investigative files (law enforcement), library records, IRS info, scholastic records.
7. Redaction. Custodian must delete exempt material and produce remainder (§ 4-202(b)).
8. Denial & Appeal. Written denial citing the specific exemption required (§ 4-203(c)). Requester may seek mediation through the Public Access Ombudsman or file a complaint with the Public Information Act Compliance Board (for fee disputes/denials) (§§ 4-1A-01, 4-1B-01).
9. Court Action. Civil action in circuit court (§ 4-362). De novo review.
10. Penalties. Actual damages and civil penalty up to $1,000 for knowing/willful violation; attorney fees mandatory for substantially prevailing requester (§ 4-362(f)). Punitive damages possible for malicious denial.
This is legal information, not legal advice.
- Public Access Ombudsman mediation fails or Compliance Board sides with agency
- Records involve police personnel files (now public under Anton's Law)
- You want civil penalties or punitive damages for malicious denial
- Md. Code, Gen. Prov. §§ 4-101 to 4-601 (Maryland Public Information Act)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.