Maryland FOIA procedures

Maryland FOIA procedures
FOIA laws in Maryland
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Maryland as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Maryland

The Maryland Public Information Act stipulates that records requests should be submitted to the custodian of the records in question. According to the General Provisions Article, §4–202, Annotated Code of Maryland:

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(a) Except as provided in subsection (b) of this section, a person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian. (b) A person or governmental unit need not submit a written application to the custodian if: (1) the person or governmental unit seeks to inspect a public record listed by an official custodian in accordance with § 4–201(c)(2) of this subtitle; or (2) the custodian waives the requirement for a written application.

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According to the Maryland Public Information Act Manual:

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In some cases, a telephone call to the appropriate person in a government agency may satisfy your request for a document. In other cases, you will need to submit your request in writing. Address your request to the individual the agency identifies as its PIA contact. If you do not know who that is, address your request to the agency’s public information officer or to the head of the agency.

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To view contact information for Maryland Public Information Act representatives, click here.

Purpose and use

Maryland law does not require a purpose to be stated in order to request records. The use of records may be restricted by statute.

Who may request public records?

See also: List of who can make public record requests by state

Anyone can request public records in Maryland. According to Maryland Statutes 4–103, "All persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees."

Maryland is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Maryland law allows public entities to charge fees to cover the cost of copying records, as well as staff time after two hours. According to Maryland Statutes 4–206:

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(a) (1) In this section the following words have the meanings indicated. (2) “Indigent” means an individual’s family household income is less than 50% of the median family income for the State as reported in the Federal Register. (3) “Reasonable fee” means a fee bearing a reasonable relationship to the recovery of actual costs incurred by a governmental unit. (b) (1) Subject to the limitations in this section, the official custodian may charge an applicant a reasonable fee for: (i) the search for, preparation of, and reproduction of a public record prepared, on request of the applicant, in a customized format; and (ii) the actual costs of the search for, preparation of, and reproduction of a public record in standard format, including media and mechanical processing costs. (2) The staff and attorney review costs included in the calculation of actual costs incurred under this section shall be prorated for each individual’s salary and actual time attributable to the search for and preparation of a public record under this section. (c) The official custodian may not charge a fee for the first 2 hours that are needed to search for a public record and prepare it for inspection. (d) (1) If another law sets a fee for a copy, an electronic copy, a printout, or a photograph of a public record, that law applies. (2) The official custodian may charge for the cost of providing facilities for the reproduction of the public record if the custodian did not have the facilities. (e) The official custodian may waive a fee under this section if: (1) the applicant asks for a waiver; and (2) (i) the applicant is indigent and files an affidavit of indigency; or (ii) after consideration of the ability of the applicant to pay the fee and other relevant factors, the official custodian determines that the waiver would be in the public interest. (f) If the custodian of a public record for a local school system charges an applicant a fee under subsection (b) of this section, the custodian shall provide written notice to the applicant that the applicant may file a complaint with the Board to contest the fee.

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Response time

See also: Request response times by state

Public entities must respond to records requests within 10 days and, in most cases, produce the record within 30 days. According to Maryland Statutes 4–203:

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(a) (1) Except as provided in paragraph (2) of this subsection, the custodian shall grant or deny the application promptly, but not more than 30 days after receiving the application. (2) The custodian shall grant or deny an application that is the subject of § 4–356 of this title not more than 50 days after receiving the application. (b) (1) A custodian who approves the application shall produce the public record immediately or within a reasonable period that is needed to retrieve the public record, but not more than 30 days after receipt of the application. (2) If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writing or by electronic mail within 10 working days after receipt of the request: (i) the amount of time that the custodian anticipates it will take to produce the public record; (ii) an estimate of the range of fees that may be charged to comply with the request for public records; and (iii) the reason for the delay. (3) Failure to produce the public record in accordance with this subsection constitutes a denial of an application that may not be considered the result of a bona fide dispute unless the custodian has complied with paragraph (2) of this subsection and is working with the applicant in good faith. (c) (1) A custodian who denies the application shall: (i) within 10 working days, give the applicant a written statement that gives: 1. the reasons for the denial; 2. if inspection is denied under § 4–343 of this title: A. a brief explanation of why the denial is necessary; and B. an explanation of why redacting information would not address the reasons for the denial; 3. the legal authority for the denial; 4. without disclosing the protected information, a brief description of the undisclosed record that will enable the applicant to assess the applicability of the legal authority for the denial; and 5. notice of the remedies under this title for review of the denial; and (ii) allow inspection of any part of the record that is subject to inspection. (2) A custodian may not ignore an application to inspect public records on the grounds that the application was intended for purposes of harassment. (d) Any time limit imposed under this section: (1) with the consent of the applicant, may be extended for not more than 30 days; and (2) if the applicant seeks resolution of a dispute under Subtitle 1A or 1B of this title, shall be extended pending resolution of that dispute.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Some records are exempt from the Maryland Public Information Act. According to the Maryland Public Information Act Manual:

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The PIA attempts to balance the public’s right to access government records with other policies that respect the privacy or confidentiality of certain information. For example, some public records are confidential under federal or state statutes, under court rules, or under various common law privileges such as attorney-client privilege and executive privilege. GP § 4-301. The PIA itself also protects certain records from disclosure (for example, adoption records, personnel records, certain personal information in Motor Vehicle Administration records). In addition, some information contained in public records must remain confidential (for example, an individual’s medical information, confidential commercial information and trade secrets). GP §§ 4-304 to 4-327 (Part II), §§ 4-328 to 4-342 (Part III). In some cases, these protections may be waived. Other records may be withheld if the agency decides that disclosure of those records would be “contrary to the public interest.” Examples of records subject to discretionary disclosure include investigatory records, information related to academic, licensing, and employment examinations, and documents of a pre-decisional and deliberative nature. GP §§ 4-343 to 4-357 (Part IV).

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See also

• Maryland Public Information Act
• Maryland Open Meetings Act

External links

• Maryland Statutes
• State Archives
• Maryland Public Information Act Manual

Footnotes

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