1.4.1
Public
Records
All public records of the Department shall be open for
public inspection, in accordance with provisions of R.I. Gen. Laws §
38-2-3,
and in accordance with the policy established in §1.4.6 of this
Part.
1.4.2
Procedures for
Requesting Public Records
A. The
Department has instituted the following procedures for members of the public to
obtain public records:
1. A written request is
not required for records available pursuant to the Act or other documents
prepared for or readily available to the public. Members of the public can
request public records from the Department by accessing the Department's
website:
http://www.health.ri.gov/records/about/requests,
or by contacting the Department's Office of Legal Services, which is the
Department's designated public records unit. The mailing address is: Department
of Health, Office of Legal Services, 3 Capitol Hill, Providence, RI
02908.
2. You are not required to
provide identification or the reason you seek the information. Your right to
access public records will not depend upon providing identification or
reasons.
3. In order to assure that
the Department is able to respond to the request as efficiently and as
completely as possible, the request should identify and describe the records
being requested with as much specificity as possible. If the description of
records being requested is not sufficient to allow the Department to identify
and locate the requested records, the Department will notify the person
requesting such records that additional information is needed in order to
properly respond to the request.
4.
Copies of public records will be provided electronically, by facsimile or by
mail in accordance with the requestor's choice, unless complying would be
unduly burdensome due to the volume of records requested or the costs that
would be incurred. The requestor is responsible for the actual cost of
delivery, if any.
5. The timeframes
for the Department's response are pursuant to R.I. Gen. Laws §
38-2-3(e).
6. Any denial of access to records, in whole
or in part, will be provided through a written response to the requestor
indicating the reasons for the denial of access to records or for the denial of
certain information contained in a record that is otherwise public pursuant to
R.I. Gen. Laws §
38-2-2.
The written response will also include the process for appeals outlined in R.I.
Gen. Laws §
38-2-8.
7. Any individual who receives a denial for
copies of requested records or the ability to inspect records may petition the
Director for a review of the determinations. The Director shall make a final
determination whether or not to allow public inspection within ten (10)
business days. If the denial is confirmed, the individual may file a complaint
with the Office of the Attorney General, who will then investigate and make a
determination pursuant to R.I. Gen. Laws §
38-2-8.
The individual may also file a lawsuit in Superior Court pursuant to R.I. Gen.
Laws §
38-2-9.
1.4.3
Copy of Official Publications and
Rules and Regulations
Official publications which the Department prepares in the
discharge of its duties to inform the public on matters of public interest
shall be furnished free of charge when available. The Department shall supply
one (1) copy of its rules and regulations, on a particular subject, to an
individual requesting the same, free of charge. Electronic copies of the rules
and regulations promulgated by the Department are also available on the Office
of the Secretary of State website [http://www.sos.ri.gov/rules/].
Certified copies of Department regulations may also be obtained from the Office
of the Secretary of State.
1.4.4
Fee for Records
A. The Department charges a fee for copying
and/or search and retrieval of requested documents consistent with applicable
state law.
1. The costs for copying and/or
search and retrieval of documents is pursuant to R.I. Gen. Laws §
38-2-4.
2. Upon request, the Department will provide
the requester with an estimate of the copying costs and search and retrieval
costs prior to responding to the request. The Department however, will charge
the actual fees for the number of copies and the actual cost for search and
retrieval time if those are more or less than estimated.
3. The Department reserves the right to
require a deposit of the estimated costs if the estimated costs are fifty
dollars ($50.00) or more.
4.
Department personnel or, where applicable an outside copy service, will make
copies of requested records. The Department does not have a copy machine
available for use by the public to make copies.
1.4.5
Payment in
Advance
The cost of copying and search and retrieval as provided in
§1.4.4 of this Part must be paid in advance of or at the time of delivery
or inspection of the requested documents.
1.4.6
Hours of Inspections
A. When a request is made to inspect public
records, the requester will be advised when the records are available and
he/she can then make an appointment to inspect those documents at the
Department between the hours of 8:30 a.m. and 3:30 p.m. Monday through
Friday.
B. The time frame for the
Department to respond to requests to inspect public records is the same as the
time frame applicable to responding to requests for copies of public records as
set forth in §1.4.2 of this Part.
1.4.7
Supervision of Inspections
No records shall be removed from the location of inspection
by the requestor. The inspection of public records must be accomplished in a
manner which will provide for general supervision by authorized Departmental
staff. This is necessary to prevent the misplacement or unauthorized removal of
records or any other action which may impair the integrity of the public
record.
