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
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