shall, within 30 calendar days after receiving a petition under
subsection (a), review the petition and determine whether
further proceedings are warranted. The following shall apply:
(1) If the executive director or a designee determines
that further proceedings are not warranted, the executive
director or a designee shall deny the petition. The denial
shall be in writing and include an explanation of the reasons
for the denial.
(2) If the executive director or a designee determines
that further proceedings are warranted, the executive
director or a designee shall establish a briefing schedule to
provide a fair opportunity for the requester to respond to
the agency ' s petition.
(d) Hearing determination.--After reviewing the requester's
response to the agency's petition, if any, the executive
director or a designee shall determine whether a hearing is
warranted. The executive director or a designee shall notify the
parties of the determination. A decision to hold or not hold a
hearing is not appealable. The executive director or a designee
may admit into evidence testimony, evidence and documents that
the executive director or a designee believes to be reasonably
probative and relevant. The executive director or a designee may
limit the nature and extent of evidence found to be cumulative.
(e) Mediation.--At any time during proceedings under this
section, the executive director or a designee may recommend that
both parties participate in mediation conducted by the Office of
Open Records. If both parties agree, the mediation shall last
for a period of up to 90 calendar days and may be extended with
the agreement of both parties. During the mediation, any other
proceedings under this section shall be stayed.
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