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PR 15-35 Access/Rhode Island v. Office of Auditor General Violation found

Even though Access/Rhode Island did not have standing to file this complaint, we reviewed this complaint consistent with this Department's independent statutory authority as described in West Warwick School Department, PR 15-23. In this complaint, Access/Rhode Island alleged that the Office of Auditor General violated the APRA when it failed to provide APRA certification forms to this Department evidencing APRA training pursuant to R.I. Gen. Laws 38-2-3.16, failed to timely respond to a MuckRock APRA request, and failed to promulgate and post on its website APRA procedures. The Office of Auditor General acknowledged the instant violations and has since remedied its violations by submitting its APRA certification, promulgating and posting its APRA procedures, and providing MuckRock the requested documents. Nonetheless, based upon the Office's failure to timely respond to MuckRock's APRA request, this Department directed the Office of Auditor General to provide a supplemental response presenting evidence concerning whether its failure to timely respond should be considered willful and knowing, or reckless, and thus subject the Office of Auditor General to civil fines.

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