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Denial Letter

The letter denies two portions of a request for records under Maryland's Public Information Act while making other records available. It denies disclosure of a confidential legal memorandum and a portion of an investigatory file due to privileges protecting attorney-client communications and confidential sources. The requester is informed of the right to administrative and judicial review of the denial and told how to make arrangements to inspect or obtain copies of the available records.

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103 views

Denial Letter

The letter denies two portions of a request for records under Maryland's Public Information Act while making other records available. It denies disclosure of a confidential legal memorandum and a portion of an investigatory file due to privileges protecting attorney-client communications and confidential sources. The requester is informed of the right to administrative and judicial review of the denial and told how to make arrangements to inspect or obtain copies of the available records.

Uploaded by

Diani Hapsari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Maryland Public Information Act Manual (12th ed.

, October 2011) Appendix B-1

SAMPLE DENIAL LETTER

January 5, 2011

Connie Have, Esquire


1000 Lawyer Building
Baltimore, Maryland 21200

Dear Ms. Have:

I have received your letter dated December 23, 2010, in which you request certain
records under the Public Information Act, Annotated Code of Maryland, State
Government Article (“SG”), §10-611 et seq., on behalf of your client, Wanda Know. In
particular, you seek to inspect and copy all records in my custody and control pertaining
to the following:

(A) the denial by the Commission of the license or permit


to Wanda Know which occurred on December 1, 2010,
and

(B) any studies, statistics, reports, recommendations, or


other records that treat in any fashion the
Commission's actions, practices, or procedures
concerning the granting or denial of licenses or
permits during the last three fiscal years.

My staff has collected those records in our custody that are responsive to your request.
You may inspect all of the records we have compiled with two exceptions.

First, a confidential legal memorandum prepared by an Assistant Attorney General


for the Commission’s Chairman is subject to the attorney-client privilege and is therefore
protected from disclosure by SG §10-615(1) as a privileged or confidential record. It also
constitutes an intra-agency memorandum under SG §10-618(b) and I find that its
disclosure would be contrary to the public interest.

Second, I am also denying access to a portion of an investigatory file of this agency


concerning your client. This file was compiled as part of a law enforcement investigation
of this agency and is therefore covered by SG §10-618(f). While your client is a person
in interest as to these records, complete disclosure of the file would be contrary to the
Maryland Public Information Act Manual (12th ed., October 2011) Appendix B-2

public interest since inspection would disclose the identity of a confidential source and
would also disclose investigative techniques and procedures of the Commission. Apart
from that portion, you may inspect the balance of the investigatory file on your client.

Pursuant to SG §10-622, your client is entitled to an administrative review of a


decision to deny access. If requested, such review will be conducted in accordance with
SG §§10-205 through 221 and the hearing regulations of the agency published at
COMAR 00.00.01. Your client may also seek judicial review under SG §10-623.

If you wish to inspect the records that are available to your client under the Act,
please call my administrative assistant, Madge Public, to arrange for a mutually
convenient time. You may also obtain copies of those records. This agency charges a fee
of $.25 per page for copies.

Sincerely,

Freeman Information
Executive Director
cc: Evan Hand
Assistant Attorney General

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