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IN THE COURT OF APPEALS OF MARYLAND No. 16 September Term, 1998

LORETTA V. FIORETTI, R.D.H.

v.

MARYLAND STATE BOARD OF DENTAL EXAMINERS

Bell, C.J. Eldridge Rodowsky Chasanow Raker Wilner Cathell, JJ.

Opinion by Cathell, J. Rodowsky, Raker, and Wilner, JJ., concur.

Filed: August 31, 1998

In this case we examine the Maryland Public Information Act and its exemptions from the disclosure of otherwise public documents. Because the Maryland State Board of Dental Examiners failed to demonstrate that documents in its possession relating to its investigation of Loretta V. Fioretti, a dental hygienist, were investigatory files compiled for a law enforcement purpose and, additionally, failed to demonstrate that her inspection of the documents should have been denied to the extent that such disclosure would prejudice the Dental Board's investigation, we shall reverse the trial court's grant of the Motion to Dismiss. I. Facts and Procedural History The facts in this case are not in dispute. On April 17, 1997, the Secretary-Treasurer of the Maryland State Board of Dental Examiners (the Board) sent Loretta V. Fioretti, appellant, a letter informing her that the Board, appellee, had reason to believe that on April 16, 1997, appellant "may have performed dental hygiene procedures without on-site supervision by a licensed dentist, as required by the MARYLAND DENTISTRY ACT, MD. CODE. ANN., HEALTH OCC. ("HO")

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Maryland Law