LD 1087
PUBLIC Law, Chapter 249

on - Session - 127th Maine Legislature
Bill Tracking, Additional Documents Chamber Status

An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Response Deadlines and Appeals

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 1 MRSA §408-A, sub-§4,  as amended by PL 2013, c. 350, §2, is further amended to read:

4. Refusals; denials.   If a body or an agency or official having custody or control of any public record refuses permission to inspect or copy or abstract a public record, the body or agency or official shall provide , within 5 working days of the receipt of the request for inspection or copying, written notice of the denial, stating the reason for the denial , within 5 working days of the receipt of the request for inspection or copying, or the expectation that the request will be denied in full or in part following a review. Failure to comply with this subsection is considered failure to allow inspection or copying and is subject to appeal as provided in section 409.

Sec. 2. 1 MRSA §409, sub-§1,  as repealed and replaced by PL 2013, c. 350, §3, is amended to read:

1. Records.  Any person aggrieved by a refusal or denial to inspect or copy a record or the failure to allow the inspection or copying of a record under section 408-A may appeal the refusal, denial or failure within 30 calendar days of the receipt of the written notice of refusal, denial or failure to any the Superior Court within the State as a trial de novo for the county where the person resides or the agency has its principal office. The agency or official shall file an answer a statement of position explaining the basis for denial within 14 calendar days of service of the appeal. If a court, after a trial de novo review, with taking of testimony and other evidence as determined necessary, determines such refusal, denial or failure was not for just and proper cause, the court shall enter an order for disclosure. Appeals may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.

Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.

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