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PR 18-04 Tainsh v. Warwick School Department No Violation

The Warwick School Department ("School Department") did not violate the APRA when it failed to respond to the Complainant's October 9, 2017 APRA request that he transmitted by email. The evidence appeared uncontradicted that the School Department did not receive the Complainant's electronic APRA request. The APRA provides that "[a] public body receiving a request shall permit the inspection or copying within ten (10) business days after receiving a request." See R.I. Gen Laws 38-2-3(e)(emphases added). The School Department submitted an affidavit and a supporting email evidencing that the email was never received by the School Department. Since the School Department responded to this request within ten (10) business days of receiving it (through the filing of this APRA complaint), we find no violation.

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