950 CMR 32.05 - Additional Records Access Officer Responsibilities

(1) Agency Records Access Officers. The requirements of 950 CMR 32.05(1) shall apply only to agency records access officers.
(a) agency designation of primary and secondary records access officers; reporting requirements:
1. each agency shall designate one primary records access officer responsible for reporting information to the Secretary pursuant to M.G.L. c. 66, § 6A(e) and 950 CMR 32.05(1)(c).
2. a primary records access officer shall submit a notification of such designation to the Division electronically in a manner determined by the Division.
3. the primary records access officer may notify the secondary record access officers to facilitate reporting such information.
4. the primary records access officer shall electronically notify the Secretary of the designation of secondary records access officers electronically in a manner determined by the Division.
5. the agency shall maintain and update information regarding primary and secondary records access officers electronically, including changes in personnel identified as primary and secondary records access officers, in a manner determined by the Division.
(b) agency records access officers shall electronically report to the Secretary the information described in 950 CMR 32.05(1)(c)1. through 9. in a manner determined by the Secretary.
(c) an agency records access officer shall report to the Secretary with respect to written requests for public records and responses to these requests for each calendar year ending December 31st:
1. the nature of each request and the date on which each request was received;
2. the date on which a response is provided to the requester;
3. the date on which a public record is provided to the requester;
4. the number of hours required to fulfill the request;
5. fees charged to the requester, if any;
6. records access officer petitions to the Supervisor submitted under M.G.L. c. 66, § 10(d)(iv), and 950 CMR 32.06(4)(g) and (h);
7. requests appealed to the Supervisor under M.G.L. c. 66, § 10A, and 950 CMR 32.08(1);
8. the time required to comply with the Supervisor's orders under M.G.L. c. 66, § 10A; and
9. the final adjudication of any associated court proceedings under M.G.L. c. 66, § 10A(d).
(d) the Supervisor may make exceptions to the reporting requirement in 950 CMR 32.05(1)(c) for particular classes of records, such as:
1. certified copies of records;
2. registry of deeds records;
3. incorporation records;
4. vital records; and
5. criminal offender record information requested by the offender, representative, or other authorized recipient.
(e) all information must be provided in accordance with 950 CMR 32.05(1) by February 1st of the calendar year following the date of the request.
(f) an agency shall provide on a searchable website electronic copies, accessible in a commonly available electronic format, of the following types of records, provided that any agency may withhold any record or portion thereof in accordance with state or federal law:
1. final opinions, decisions, orders, or votes from agency proceedings;
2. annual reports;
3. notices of regulations proposed under M.G.L. c. 30A;
4. notices of hearings;
5. winning bids for public contracts;
6. awards of federal, state and municipal government grants;
7. minutes of open meetings;
8. agency budgets; and
9. any public record information of significant interest that the agency deems appropriate to post, such determination to be made by each agency on a case-by-case basis.
(g) an agency shall post records online pursuant to 950 CMR 32.05(1)(f) as soon as practicable on a website maintained by the agency. The website copy shall not be deemed the record copy for retention purposes. 950 CMR 32.05(1)(f) and (g) shall apply only to records made or received on or after January 1, 2017.
(h) an agency may fulfill the requirements of 950 CMR 32.05(1)(f) and (g) by providing links to other agency websites that provide access to the categories of records described in 950 CMR 32.05(1)(f)1. through 9.; provided, however, that the website is searchable and provides electronic copies, accessible in a commonly available electronic format.

Notes

950 CMR 32.05
Amended by Mass Register Issue 1314, eff. 2/29/2016. Amended by Mass Register Issue 1328, eff. 1/1/2017. Amended by Mass Register Issue 1445, eff. 6/11/2021.

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