How to File a Public Records Request in Maryland
Enacted in 1970, the Maryland Public Information Act (MPIA) grants the public a broad right of access to public records held by state and local government agencies. The law declares that all persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees, and directs that its provisions be construed in favor of permitting inspection. The MPIA covers all branches of state government and every county and municipal agency in Maryland. Custodians must generally respond to requests within 30 calendar days of receipt, though they must notify requesters in writing if the response will take more than 10 working days. The burden of justifying any withholding rests on the agency, not the requester.
The Maryland Public Information Act
- Statutory Citation
- Maryland Annotated Code, General Provisions Article, §§ 4-101 through 4-601
- Response Deadline
- 30 calendar days
- Fee Provisions
- Under MPIA § 4-206, agencies may charge for the actual costs of searching for, preparing, and reproducing records — but the first two hours of search and preparation time must be provided free of charge. After two hours, fees are based on the prorated salary of the employee doing the work, plus copying costs. Fees may be waived if disclosure is in the public interest or if the requester files an affidavit of indigency showing household income below 50% of the state median. Fees above $350 may be challenged before the State PIA Compliance Board.
- Key Exemptions
- The MPIA requires denial of records that are confidential under other federal or state law, court rules, or recognized privileges including attorney-client, executive, and legislative privilege. The Act itself mandates protection of personnel records, adoption records, certain personal information in Motor Vehicle Administration files, student records, medical records, and business trade secrets. Agencies may also withhold records if disclosure would be contrary to the public interest, including certain investigatory records and pre-decisional deliberative documents.
- Appeal Process
- Requesters dissatisfied with a denial or delay have three options. First, they may seek informal dispute resolution through the Office of the Public Access Ombudsman (GP § 4-1B-01 et seq.), which makes reasonable attempts to mediate between requesters and agencies. Second, if the Ombudsman does not resolve the dispute, the requester may file a complaint with the State PIA Compliance Board (GP § 4-1A-01 et seq.) for unlawful denials, untimely responses, or fees exceeding $350. Third, a requester may petition the circuit court under § 4-362 for judicial review; the court may order production of records and award actual damages and attorneys' fees to a complainant who substantially prevailed.
- Ombudsman
- Maryland established the Office of the Public Access Ombudsman in 2016 as an independent state agency tasked with mediating disputes between requesters and records custodians under the MPIA (GP § 4-1B-04). While independent, the office is supported by staff and resources from the Office of the Attorney General.
City FOIA Guides in Maryland
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Maryland?
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