Open Records

Maryland’s public records law is the Maryland Public Information Act (PIA), enacted in 1970 and found in the General Provisions Article, Title 4, Subtitle 2. It grants a broad right of access to public records while balancing legitimate government interests and individual privacy – modeled loosely on the federal FOIA but with its own procedures.

Who can request records

Any person has the right to inspect public records – Maryland law doesn’t require a requester to state a reason for the request.

What’s covered

The PIA applies to all three branches of Maryland state government, plus local government entities. “Public record” is broadly defined under GP § 4-101(k) to include written material, photographs, photostats, films, microfilms, recordings, tapes, and similar formats. The PIA grants the right to review disclosable records and obtain copies – it doesn’t require an agency to answer informational questions or create a new record to satisfy a request. Maryland’s exemption approach exempts specific types of records and information, rather than exempting entire agencies.

How to request

Requests are typically submitted in writing to the agency’s official custodian of records. Formal templates aren’t always required, though many agencies provide a PIA request form for convenience, and some prefer online submission over email for tracking purposes.

Response timeline

Maryland’s PIA generally allows agencies up to 30 calendar days to respond. If a custodian believes it will take more than 10 working days to produce records, they must notify the requester in writing or by email within that 10-day window, stating the estimated time needed, an estimate of any fees, and the reason for the delay. Some records designated as “immediately available” should be produced right away rather than waiting out the full response window.

Fees

– The first 2 hours of search and preparation time are provided free. – Beyond that, agencies may charge a fee prorated by the salaries of the staff and attorneys involved, based on actual time spent searching for and preparing records. – Standard photocopying fees commonly run around $0.15-$0.25 per page, varying by agency. – If the estimated charge exceeds a certain amount (often $100), some agencies require payment in advance before releasing records. – Fees may be waived if the agency determines a waiver serves the public interest. – Electronic copies are often free even when paper copies carry a per-page fee.

Exemptions

Maryland’s PIA lists specific exempt categories rather than exempting whole agencies – consult COMAR (Code of Maryland Regulations) Title 29.01.02 and the PIA statute itself for the specific fee schedule and exemption list applicable to a given agency.

If your request is denied

A requester dissatisfied with an agency’s response may challenge any aspect of the decision – including a denial, a fee amount, or a delay – through judicial review. Maryland’s law is generally considered accessible in this regard: public-interest fee waivers are available, and the ability to appeal any part of an agency’s response (not just an outright denial) gives requesters more flexibility than some states’ narrower appeal rights.

A note on terminology

Maryland’s law is officially the “Maryland Public Information Act” (PIA) – the same basic type of law that other states call an “Open Records Act,” “Freedom of Information Act,” or (in South Carolina) “FOIA Laws.”