Public Records Requests Response
A written request for records, regardless of the form of delivery, will be deemed received on the first business day following receipt the request by the records access officer. An oral request will be deemed received on the day it was made.
A records access officer will provide a written response under M.G.L. c. 66 SS 10(b) to a request for public records no later than the tenth business day following the receipt of a request notwithstanding the applicability of any petition filed pursuant to 950 CMR 32.06(4). Access to records will be provided no later than the tenth business day following the receipt of a request, unless an extension of time is permitted in a manner consistent with 950 CMR 32.06(2)(i) and (4).
Requests Denied by Records Access Officers
If your request is denied, you have the right of administrative appeal to the Supervisor of Records under 950 CMR 32.08(1), and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court.
950 CMR 32.08(1) Appeal to the Supervisor
(a) 950 CMR 32.08 shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the record through statutory, regulatory, judicial or other applicable means.
(b) a requester may petition the Supervisor for failure by a records access officer to comply with a requirement of 950 CMR 32.00.
(c) an oral request, while valid as a public record request, shall not be the basis of an appeal under 950 CMR 32.08.
(d) petitions for appeal of a response by a records access officer must be made within 90 calendar days of the date of the response by a records access officer.
(e) petitions for appeal of a failure to respond within the timeliness requirements of 950 CMR 32.00 must be made within 90 calendar days of the request.
(f) all petitions for appeal shall be in writing and shall specifically describe the nature of the requester's objections to the response or failure to timely respond.
(g) requesters shall provide to the Supervisor complete copies of all correspondence qssociated with the petition, including:
1. a complete copy of the letter by which the request was made, including in the case of electronic communications all header information indicating time, date, subject, sender and recipient email addresses; and
2. a complete copy of all written responses associated with requests subject to the petition for appeal, including in the case of electronic communications all header information indicating time, date, subject, sender and recipient email addresses.
(h) in petitioning the Supervisor, the requester shall provide a copy of such petition to the records access officer associated
with such petition.
(i) if the requester's petition for appeal is related to a previous appeal to the Supervisor, the requester's petition shall refer to the previous appeal number.
(j) petitions under 950 CMR 32.08 received before 4:00 P.M. shall be opened on the day of receipt. Petitions received after 4:00 PM shall be opened on the following business day.
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