Section 4-1A-01 – Board Established

    There is a State Public Information Act Compliance Board.

Section 4-1A-02 – Membership; Chair; Term

    (a)    (1)    The Board consists of five members.         (2)    (i)    One member of the Board shall be a representative:                 1.    from a nongovernmental nonprofit group that is organized in the State;                 2.    who works on issues related to transparency or open government; and                 3.    who is nominated by representatives of the open government and news media communities.             (ii)    One member of the Board […]

Section 4-1A-03 – Quorum; Meetings; Compensation; Staffing and Office Space

    (a)    A majority of the full authorized membership of the Board is a quorum.     (b)    The Board shall determine the times and places of its meetings.     (c)    A member of the Board:         (1)    may not receive compensation as a member of the Board; but         (2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in […]

Section 4-1A-04 – Duties

    (a)    The Board shall:         (1)    receive, review, and, subject to § 4–1A–07 of this subtitle, resolve complaints filed under § 4–1A–05 of this subtitle from any applicant or the applicant’s designated representative alleging that a custodian:             (i)    denied inspection of a public record in violation of this title;             (ii)    charged an unreasonable fee under § 4–206 of this title […]

Section 4-1A-05 – Unreasonable Fee Complaints

    (a)    Any applicant, the applicant’s designated representative, or a custodian may file a written complaint with the Board seeking a written decision and order from the Board under § 4–1A–04 of this subtitle if:         (1)    the complainant has attempted to resolve the dispute through the Office of the Public Access Ombudsman under § 4–1B–04 of this title; […]

Section 4-1A-06 – Response

    (a)    Except as provided in subsection (c) of this section, on receipt of a written complaint, the Board promptly shall:         (1)    send the complaint to the custodian or applicant identified in the complaint; and         (2)    request that a response to the complaint be sent to the Board.     (b)    (1)    The custodian or applicant shall file a written response to the […]

Section 4-1A-07 – Decision of Board

    (a)    (1)    The Board shall review the complaint and any response.         (2)    The Board shall issue a written decision within 30 calendar days after receiving the written response and all information requested under § 4–1A–06(b) of this subtitle.     (b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, if the Board is unable to reach a determination based on the written […]

Section 4-1A-08 – Sending Opinions to Custodians; Posting on Website

    (a)    The Board may send to any custodian in the State any written decision that will provide the custodian with guidance on compliance with this title.     (b)    The Attorney General shall post on the website of the Office of the Attorney General all of the Board’s written decisions under this subtitle.

Section 4-1A-09 – Effect of Compliance by Custodian

    Compliance by a custodian with an order of the Board:         (1)    is not an admission to a violation of this title by the custodian; and         (2)    may not be used as evidence in a proceeding conducted in accordance with § 4–362 of this title.

Section 4-1A-10 – Exhaustion of Administrative Remedies Not Required; Appeals

    (a)    A person or governmental unit need not exhaust the administrative remedy under this subtitle before filing suit.     (b)    (1)    Except as otherwise provided in this subtitle, a complainant or custodian may appeal the decision issued by the Board under this subtitle in accordance with § 4–362 of this title.         (2)    An appeal under this subsection automatically stays the […]