Section 220-RICR-50-05-1.4 - Procedure for Requesting Public RecordsA. Records which are Readily Available for distribution or inspection may be requested or reviewed at the Department on weekdays between the hours of 8:30 AM and 3:30 PM. Individuals are strongly encouraged to view the Department's website and/or the website of individual divisions within the Department to determine whether the Records being sought are posted online. If a Requestor has any questions about the availability of Readily Available Records, the Requestor should contact the office/division within the Department responsible of the Readily Available Records. The Department's contact information is located on the Department's website.B. A Request for Records to the Department which are not Readily Available shall be submitted through one (1) of the following means: 1. Through the Access to Public Records page of the State of Rhode Island's Transparency Portal or another internet portal approved by the Department.2. Through a centralized APRA email address to be established by the Department, which will be posted on the Department's website.3. APRA Requests not electronically submitted through the Transparency Portal or another internet portal approved by the Department, or the Department's centralized APRA email shall be submitted in person, by mail or fax to:a. For Department Records: Public Records Officer Division of Legal Services Department of Administration One Capitol Hill, 4th Fl Providence, Rhode Island 02908 Fax: (401) 222-8244 Tel: (401) 222-8880 |
Or: |
Director of Administration Department of Administration One Capitol Hill, 4th Fl Providence, Rhode Island 02908 Fax: (401) 222-6436 Tel: (401) 222-2280 |
b. For Department Records which are related to the procurement of goods or services, including, but not limited to, bid documents, proposals or contracts with vendors: Attn: APRA Requests Division of Purchases One Capitol Hill, 2nd Fl. Providence, Rhode Island 02908 Fax: (401) 222-8244 Tel: (401) 574-8100 |
(1) Individuals or entities making a request for procurement Records, are encouraged to visit the Division of Purchases' website to check whether the requested Records are available online and/or to check the status of a solicitation. Certain procurement records (i.e. proposals) may not be available until after the solicitation has been awarded.C. Requestors are highly encouraged, but not required, to use the Department's standard request forms posted on the Department's website.1. Any Requestor seeking copies of public records may elect to obtain them in any and all media in which the Department is capable of providing them. If the Department maintains its records in a computer storage system, the Department shall provide any data properly identified in a printout or other reasonable format, as requested.2. Nothing in this section shall be construed as requiring the Department to reorganize, consolidate, or compile data not maintained by the Department in the form requested at the time the request to inspect the public records was made except to the extent that such records are in an electronic format and the Department would not be unduly burdened in providing such data.3. No Records shall be withheld based on the purpose for which the Records are sought, nor shall the Department require, as a condition of fulfilling a Request, that a Requestor provide a reason for the Request or provide personally identifiable information about him/herself.4. At the election of the Requestor seeking Records, the Department shall provide copies of the Records electronically, by facsimile, or by mail in accordance with the Requestor's choice, unless complying with that preference would be unduly burdensome due to the volume of records requested or the costs that would be incurred. The Requestor shall be responsible for the actual cost of delivery, if any.D. Submissions directed to the Department outside of this procedure shall not be subject to APRA time requirements. However, the Department shall use its best efforts to fulfill all requests for information in accordance with these provisions it receives in due course, regardless of whether the inquiry is properly submitted.E. The Department shall respond to a Request within ten (10) business days of receipt, by: 1. Providing the Records which are not exempt from disclosure in accordance with APRA, subject to the payment of cost as provided herein;a. The Department reserves the right to waive any exemption under APRA unless otherwise prohibited by law or regulation.b. Any reasonably segregable portion of a public record excluded by R.I. Gen. Laws § 38-2-2(4) shall be available for public inspection after the deletion of the information which is the basis of the exclusion. If an entire document or record is deemed non-public, the Department shall state in writing that no portion of the document or record contains reasonable segregable information that is releasable.2. Informing the Requestor in writing that the Department is invoking an extension of up to twenty (20) business day extension, in accordance APRA. The Department shall use reasonable efforts to respond as soon as possible. The Department shall also state the good faith basis for the extension in the correspondence to the Requestor.a. The Department shall demonstrate that the voluminous nature of the request, the number of requests for records pending, or the difficulty in searching for and retrieving or copying the requested records, is such that additional time is necessary to avoid imposing an undue burden on the Department.3. Informing the Requestor that the Department is not in possession of the requested Records or that they are exempt from disclosure.a. If a public record is in active use or in storage and, therefore, not available at the time a Requestor requests access, the Department shall so inform the Requestor and make an appointment for the Requestor to examine such records as expeditiously as they may be made available.F. The Department may require prepayment of copying, search and retrieval costs as follows: 1. Within the timeframes provided by APRA, the Department may inform the Requestor that prepayment for copy, search and/or retrieval charges is required to proceed with fulfilling the Request. In this event, the Department shall send the Requestor a good faith cost estimate related to copying, search and retrieval charges in accordance with R.I. Gen. Laws § 38-2-4. The requirement of prepayment of some or all of the estimated costs shall be in the Department's reasonable discretion.2. However, in no case shall the Department require prepayment for a Request estimated to be less than fifty dollars ($50). Any cost estimate shall have reasonable basis for calculation.3. The time for response under APRA shall cease to toll until prepayment is made by the Requestor. If the estimate of costs is more or less than the actual amount, the Department shall refund or bill the Requestor as necessary. If the Requestor fails to provide payment, the Records, the Department shall not proceed with search and retrieval and the Records shall not be provided. Once payment is provided, the Department shall proceed with the Request and notify the Requestor that the Records are available upon receipt of any additional actual costs not covered by the estimate, if any.220 R.I. Code R. 220-RICR-50-05-1.4