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PR 20-39 Owens v. Rhode Island Department of Health – Violation found

The Complainant alleged that RIDOH violated the APRA when it failed to timely respond to her request, when it withheld responsive documents in their entirety, and when it failed to state that the withheld documents were not reasonably segregable. Based on the undisputed evidence, we determined that RIDOH failed to respond to the APRA request within the timeframes set forth in R.I. Gen. Laws §§ 38-2-3(e) and 38-2-7(b) and did not include in its denial a statement that no reasonably segregable portion of the withheld documents was releasable. Accordingly, RIDOH violated the APRA. We determined that the responsive documents were required to be kept confidential by state statute and thus were appropriately withheld under the APRA. We did not find evidence of a willful and knowing, or reckless violation, although we directed RIDOH to reimburse Complainant the prepayment fee she paid. VIOLATION FOUND

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