Rhode Island § 38-2-8 § 38-2-8. Administrative appeals.

Rhode Island Statutes

§ 38-2-8 — § 38-2-8. Administrative appeals.

Rhode Island·Title 38 Public Records·Ch. 38-2 Access to Public Records

§ 38-2-8. Administrative appeals.
(a) Any person or entity denied the right to inspect a record of a public body may petition
            the chief administrative officer of that public body for a review of the determinations
            made by his or her subordinate. The chief administrative officer shall make a final
            determination whether or not to allow public inspection within ten (10) business days
            after the submission of the review petition.
         
(b) If the custodian of the records or the chief administrative officer determines that
            the record is not subject to public inspection, the person or entity seeking disclosure
         

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§ 38-2-8. Administrative appeals.

(a) Any person or entity denied the right to inspect a record of a public body may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to allow public inspection within ten (10) business days after the submission of the review petition.

(b) If the custodian of the records or the chief administrative officer determines that the record is not subject to public inspection, the person or entity seeking disclosure may file a complaint with the attorney general. The attorney general shall investigate the complaint and if the attorney general shall determine that the allegations of the complaint are meritorious, he or she may institute proceedings for injunctive or declaratory relief on behalf of the complainant in the superior court of the county where the record is maintained. Nothing within this section shall prohibit any individual or entity from retaining private counsel for the purpose of instituting proceedings for injunctive or declaratory relief in the superior court of the county where the record is maintained.

(c) The attorney general shall consider all complaints filed under this chapter to have also been filed pursuant to the provisions of § 42-46-8(a), if applicable.

(d) Nothing within this section shall prohibit the attorney general from initiating a complaint on behalf of the public interest.

Rhode Island § 38-2-8 (§ 38-2-8. Administrative appeals.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

P.L. 1979, ch. 202, § 1; P.L. 1981, ch. 279, § 2; P.L. 1998, ch. 378, § 1; P.L. 2006, ch. 378, § 1; P.L. 2006, ch. 472, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.