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PR 21-10 Fague v. CRMC Violation found

The Complainant alleged that the CRMC violated the APRA by failing to respond to his four-part document request in a timely manner. In response, the CRMC conceded that it had failed to respond, provided documents as to two parts of the request, and stated that it did not find documents responsive to the remaining parts of the request despite a diligent search. Based on the evidence, including its own admission, we found that the CRMC violated the APRA by not responding to the Complainant's request in a timely manner. Because of issues raised by the parties regarding whether Complainant has been provided with all responsive records maintained by the CRMC, we ordered a supplemental submission from the CRMC in order to ensure compliance with the APRA and to determine whether the CRMC's violation was willful and knowing, or reckless. We did not find injunctive relief to be appropriate at this juncture, pending further submissions. VIOLATION FOUND.

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