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PR16-14 Ravetti v. RI Department of Behavioral Healthcare, Developmental Disabilities and Hospitals Violation

The Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals ("BHDDH") violated the APRA when it failed to respond to the Complainant's APRA request within ten (10) business days. See R.I. Gen. Laws 38-2-7(b). The Complainant sent a March 18, 2015 request that did not conform to the BHDDH's APRA policy and did not mention the APRA. The Complainant made a request on March 23, 2015, which was virtually identical in substance except that the March 23, 2015 request invoked the APRA at the end of the correspondence. As such, we found no willful and knowing, or reckless violation. Injunctive relief was not appropriate because the documents sought were confidential by law. See Scripps v. Department of Business Regulation, PR 14-07 (documents deemed confidential by law exempt despite failure to respond timely).

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