Title 1, §402: Definitions 

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Maine ----_-_-_-----_--®-__-_------------__- Revised Statutes 

401 Title 1 : GENERAL 

PROVISIONS 

402-A 

Chapter 13: PUBLIC RECORDS AND 

PROCEEDINGS HEADING : PL 1975, C . 758 (RPR) 

Subchapter 1 : FREEDOM OF ACCESS HEADING: PL 

1975, C. 758 (RPR) 

§402. Definitions 

1. Conditional approval. Approval of an application or granting 

of a license, certificate or any other type of permit upon conditions not 

otherwise specifically required by the statute, ordinance or regulation 

pursuant to which the approval or granting is issued . 

[ 1975, c . 758, (NEW) .] 

1-A. Legislative subcommittee. "Legislative subcommittee" 

means 3 or more Legislators from a legislative committee appointed 

for the purpose of conducting legislative business on behalf of the 

committee. 

[ 1991, c . 773, §1 (NEW) .] 

2. Public proceedings. The term "public proceedings" as used in 

this subchapter means the transactions of any functions affecting any 

or all citizens of the State by any of the following: 

A. The Legislature of Maine and its committees and 

subcommittees ; [ 19 7 5, c . 7 5 8, (NEW) . ] 

B. Any board or commission of any state agency or authority, the 

Board of Trustees of the University of Maine System and any of 

its committees and subcommittees, the Board of Trustees of the 

Maine Maritime Academy and any of its committees and 

subcommittees, the Board of Trustees of the Maine Community 

College System and any of its committees and subcommittees; 

[1989, c . 358, §1 (AMD) ; 1989, c . 443, §1 (AMD) ; 

1989, c . 878, Pt . A, §1 (RPR) ; 2003, c . 20, Pt . 00, 

§2 (AMD) ; 2003, c . 20, Pt . 00, §4 (AFF) .] 

C. Any board, commission, agency or authority of any county, 

municipality, school district or any regional or other political or 

administrative subdivision; [1991, c . 848, § 1 ( AMD ) . I 

D. The full membership meetings of any association, the 

membership of which is composed exclusively of counties, 

municipalities, school administrative units or other political or 

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Title 1, §402 : Definitions Page 2 of 6 

administrative subdivisions ; of boards, commissions, agencies or 

authorities of any such subdivisions ; or of any combination of any 

of these entities ; [ 19 9 5, c . 6 0 8, § 1 ( AMD ) . ] 

E. The board of directors of a nonprofit, nonstock private 

corporation that provides statewide noncommercial public 

broadcasting services and any of its committees and 

subcommittees ; [ 2 0 0 9, c . 3 3 4, § 1 ( AMD ) . ] 

F. Any advisory organization, including any authority, board, 

commission, committee, council, task force or similar 

organization of an advisory nature, established, authorized or 

organized by law or resolve or by Executive Order issued by the 

Governor and not otherwise covered by this subsection, unless the 

law, resolve or Executive Order establishing, authorizing or 

organizing the advisory organization specifically exempts the 

organization from the application of this subchapter; and [2009, 

c . 334, §2 (AMD) .] 

G. The committee meetings, subcommittee meetings and full 

membership meetings of any association that : 

(1) Promotes, organizes or regulates statewide interscholastic 

activities in public schools or in both public and private 

schools; and 

(2) Receives its funding from the public and private school 

members, either through membership dues or fees collected 

from those schools based on the number of participants of 

those schools in interscholastic activities . 

This paragraph applies to only those meetings pertaining to 

interscholastic sports and does not apply to any meeting or any 

portion of any meeting the subject of which is limited to 

personnel issues, allegations of interscholastic athletic rule 

violations by member schools, administrators, coaches or student 

athletes or the eligibility of an individual student athlete or coach. 

[2009, c . 334, §3 (NEW) .] 

[ 2009, c . 334, §§1-3 (AMD) .] 

3. Public records. The term "public records" means any written, 

printed or graphic matter or any mechanical or electronic data 

compilation from which information can be obtained, directly or after 

translation into a form susceptible of visual or aural comprehension, 

that is in the possession or custody of an agency or public official of 

this State or any of its political subdivisions, or is in the possession or 

custody of an association, the membership of which is composed 

exclusively of one or more of any of these entities, and has been 

received or prepared for use in connection with the transaction of 

public or governmental business or contains information relating to the 

transaction of public or governmental business, except : 

A. Records that have been designated confidential by statute; 

[1975, c . 758, (NEW) .] 

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Title 1, §402: Definitions Page 3 of 6 

B. Records that would be within the scope of a privilege against 

discovery or use as evidence recognized by the courts of this State 

in civil or criminal trials if the records or inspection thereof were 

sought in the course of a court proceeding; [1975, c . 758, 

(NEW) . ] 

C. Legislative papers and reports until signed and publicly 

distributed in accordance with legislative rules, and records, 

working papers, drafts and interoffice and intraoffice memoranda 

used or maintained by any Legislator, legislative agency or 

legislative employee to prepare proposed Senate or House papers 

or reports for consideration by the Legislature or any of its 

committees during the legislative session or sessions in which the 

papers or reports are prepared or considered or to which the paper 

orreport iscarried over; [1991, c . 773, §2 (AMD) .] 

D. Material prepared for and used specifically and exclusively in 

preparation for negotiations, including the development of 

bargaining proposals to be made and the analysis of proposals 

received, by a public employer in collective bargaining with its 

employees and their designated representatives ; [1989, c . 

358, §4 (AMD) . ] 

E . Records, working papers, interoffice and intraoffice 

memoranda used by or prepared for faculty and administrative 

committees of the Maine Maritime Academy, the Maine 

Community College System and the University of Maine System. 

The provisions of this paragraph do not apply to the boards of 

trustees and the committees and subcommittees of those boards, 

which are referred to in subsection 2, paragraph B ; [1989, c . 

358, §4 (AMD) ; 1989, c . 443, §2 (AMD) ; 1989, c . 878, 

Pt . A, §2 MR) ; 2003, c . 20, Pt . 00, §2 (AMD) ; 2003, 

c . 20, Pt . 00, §4 (AFF) .] 

F. Records that would be confidential if they were in the 

possession or custody of an agency or public official of the State 

or any of its political or administrative subdivisions are 

confidential if those records are in the possession of an 

association, the membership of which is composed exclusively of 

one or more political or administrative subdivisions of the State; 

of boards, commissions, agencies or authorities of any such 

subdivisions ; or of any combination of any of these entities; 

[1991, c . 448, §1 (AMD) .] 

G. Materials related to the development of positions on legislation 

or materials that are related to insurance or insurance-like 

protection or services which are in the possession of an 

association, the membership of which is composed exclusively of 

one or more political or administrative subdivisions of the State; 

of boards, commissions, agencies or authorities of any such 

subdivisions ; or of any combination of any of these entities ; 

(1991, c . 448, §1 (AMD) .] 

H. Medical records and reports of municipal ambulance and 

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Title 1, §402: Definitions Page 4 of 6 

rescue units and other emergency medical service units, except 

that such records and reports must be available upon request to 

law enforcement officers investigating criminal conduct ; [ 19 9 5, 

c . 608, §4 (AMD) .] 

I . Juvenile records and reports of municipal fire departments 

regarding the investigation and family background of a juvenile 

fire setter ; [1999, c . 96, § 1 ( AMD ) . ] 

J. Working papers, including records, drafts and interoffice and 

intraoffice memoranda, used or maintained by any advisory 

organization covered by subsection 2, paragraph F, or any 

member or staff of that organization during the existence of the 

advisory organization . Working papers are public records if 

distributed by a member or in a public meeting of the advisory 

organization; [ 2 0 01, c . 6 7 5, § 1 ( AMD ) . ] 

K. Personally identifying information concerning minors that is 

obtained or maintained by a municipality in providing 

recreational or nonmandatory educational programs or services, if 

the municipality has enacted an ordinance that specifies the 

circumstances in which the information will be withheld from 

disclosure . This paragraph does not apply to records governed by 

Title 20-A, section 6001 and does not supersede Title 20-A, 

section 6001-A; [2003, c . 392, §1 (AMD) . ] 

L. Records describing security plans, security procedures or risk 

assessments prepared specifically for the purpose of preventing or 

preparing for acts of terrorism, but only to the extent that release 

of information contained in the record could reasonably be 

expected to jeopardize the physical safety of government 

personnel or the public. Information contained in records covered 

by this paragraph may be disclosed to the Legislature or, in the 

case of a political or administrative subdivision, to municipal 

officials or board members under conditions that protect the 

information from further disclosure. For purposes of this 

paragraph, "terrorism" means conduct that is designed to cause 

serious bodily injury or substantial risk of bodily injury to 

multiple persons, substantial damage to multiple structures 

whether occupied or unoccupied or substantial physical damage 

sufficient to disrupt the normal functioning of a critical 

infrastructure; [2003, c . 614, § 1 ( AMD ) . ] 

M. Records or information describing the architecture, design, 

access authentication, encryption or security of information 

technology infrastructure and systems. Records or information 

covered by this paragraph may be disclosed to the Legislature or, 

in the case of a political or administrative subdivision, to 

municipal officials or board members under conditions that 

protect the information from further disclosure; [2005, c . 381, 

§1 (AMD) .] 

N. Social security numbers in the possession of the Department of 

Inland Fisheries and Wildlife ; [2009, c . 176, § 1 ( AMD ) ; 

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Title l, §402 : Definitions Page 5 of 6 

2009, c. 339, §1 . (AMD) .] 

O. Personal contact information concerning public employees, 

except when that information is public pursuant to other law. For 

the purposes of this paragraph: 

(1) "Personal contact information" means home address, 

home telephone ~ number, home facsimile number, home email address and personal cellular telephone number and 

personal pager number; and 

(2) "Public employee" means an employee as defined in Title 

14, section 8102, subsection 1, except that "public 

employee" does not include elected officials ; [ RR 2 0 09 , c . 

1, §1 (COR) . ] 

P. Geographic information regarding recreational trails that are 

located on private land that are authorized voluntarily as such by 

the landowner with no public deed or guaranteed right of public 

access, unless the landowner authorizes the release of the 

information ; and [RR 2009, c . 1, §2 (COR) . ] 

(Paragraph P as enacted by PL 2009, c. 339, §3 is 

REALLOCATED TO TITLE 1, SECTION 402, SUBSECTION 

3, PARAGRAPH Q) 

Q. (REALLOCATED FROM T. 1, §402, sub-§3, TP) Security 

plans, staffing plans, security procedures, architectural drawings 

or risk assessments prepared for emergency events that are 

prepared for or by or kept in the custody of the Department of 

Corrections or a county jail if there is a reasonable possibility that 

public release or inspection of the records would endanger the life 

or physical safety of any individual or disclose security plans and 

procedures not generally known by the general public . 

Information contained in records covered by this paragraph may 

be disclosed to state and county officials if necessary to carry out 

the duties of the officials, the Department of Corrections or 

members of the State Board of Corrections under conditions that 

protect the information from further disclosure . [ . ] 

[RR 2009, c. 1, § 3 (RAL).] 

[ RR 2009, c . 1, §§1-3 (COR) .] 

3-A. Public records further defined. "Public records" also 

includes the following criminal justice agency records: 

A. Records relating to prisoner furloughs to the extent they 

pertain to a prisoner's identity, conviction data, address of 

furlough and dates of furlough; [ 19 9 7, c . 714 , § 1 (NEW) . ] 

B . Records relating to out-of-state adult probationer or parolee 

supervision to the extent they pertain to a probationer's or 

parolee's identity, conviction data, address of residence and dates 

of supervision; and [2001, c . 477, §1 (AMD) . ] 

C. Records to the extent they pertain to a prisoner's, adult 

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Title l, §402: Definitions Page 6 of 6 

probationer's or parolee's identity, conviction data and current 

address or location, unless the Commissioner of Corrections 

determines that it would be detrimental to the welfare of a client 

to disclose the information. [ 2001, c . 477 , §1 (AnD) - l 

[ 2001, c. 477, §1 (AMD) .1 

4. Public records of interscholastic athletic organizations. 

Any records or minutes of meetings under subsection 2, paragraph G 

are public records. 

[ 2009, c . 334, §4 (NEW) .] 

SECTION HISTORY 

1973, c . 433, §1 (AMD) . 1975, c . 483, §2 (AMD) . 1975, c . 

243, (RPR) . 1975, c . 758, (RPR) . 1977, c . 164, §§1,2 

(AMD) . 1977, c . 696, §9 (AMD) . 1985, c . 695, §§1,2 (AMD) . 

1985, c . 779, §§1,2 (AMD) . 1987, c . 20, §1 (AMD) . 1987, 

c . 402, §A1 (AMD) . 1987, c . 477, §1 (AMD) . 1989, c . 358, 

§§1-4 (AMD) . 1989, c . 443, §§1,2 (AMD) . 1989, c . 878, 

§§A1,2 (AMD) . 1991, c . 448, §§1,2 (AMD) . 1991, c . 773, 

§§1,2 (AMD) . 1991, c . 848, §1 (AMD) . 1995, c . 608, §§1-5 

(AMD) . 1997, c . 714, §1 (AMD) . 1999, c . 96, §§1-3 (AMD) . 

2001, c . 477, §1 (AMD) . 2001, c . 675, §§1-3 (AMD) . 2003, 

c . 20, §002 (AMD) . 2003, c . 392, §§1-3 (AMD) . 2003, c . 

614, §§1-3 (AMD) . 2003, c . 20, §004 (AFF) . 2005, c . 381, 

§§1-3 (AMD) . 2007, c . 597, §1 (AMD) . 2009, c . 176, §§1-3 

(AMD) . 2009, c . 334, §§1-4 (AMD) . 2009, c . 339, §§1-3 

(AMD) . RR 2009, c . 1, §§1-3 (COR) . 

Data for this page extracted on 10/27/2009 09:55:46. 

The Revisor's Office cannot provide legal advice or 

interpretation of Maine law to the public. 

If you need legal advice, please consult a qualified attorney. 

Office of the Revisor of Statutes 

7 State House Station 

State House Room 108 

Augusta, Maine 04333-0007 

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Title 1, §408 : Public records available for public inspection and copying 

12 408 PDF 

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Maine Revised Statutes 

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407 Title 1 : GENERAL 

PROVISIONS 

STATUTE SEARCH 

OCH . 1 3 CONTENTS 

GTITLE 1 CONTENTS 

OLIST OF TITLES ------------_ ._ ----- --

ODISCLAIMER 

UMAI_NE LAW 

OREVISOR~S OFFICE 

MAINE LEGISLATURE 

409 

Chapter 13 : PUBLIC RECORDS AND 

PROCEEDINGS HEADING : PL 1975, C . 758 (RPR) 

Subchapter 1 : FREEDOM OF ACCESS HEADING : 

PL 1975, C . 758 (RPR) 

§408. Public records available for public inspection and 

copying 

1 . Right to inspect and copy. Except as otherwise provided by 

statute, every person has the right to inspect and copy any public 

record during the regular business hours of the agency or official 

having custody of the public record within a reasonable period of 

time after making a request to inspect or copy the public record . An 

agency or official may request clarification concerning which public 

record or public records are being requested, but in any case the 

agency or official shall acknowledge receipt of the request within a 

reasonable period of time. 

[ 2007, c . 501, §1 (ANIID) . ] 

2 . Inspection, translation and copying scheduled. Inspection, 

translation and copying may be scheduled to occur at such time as 

will not delay or inconvenience the regular activities of the agency or 

official having custody of the public record sought . 

[ 2003, c . 709, §2 (NEW) .] 

3 . Payment of costs. Except as otherwise specifically provided 

by law or court order, an agency or official having custody of a public 

record may charge fees as follows. 

A. The agency or official may charge a reasonable fee to cover 

the cost of copying. [ 2 0 0 3, c . 7 0 9, § 2 (NEW) . ] 

B . The agency or official may charge a fee to cover the actual 

cost of searching for, retrieving and compiling the requested 

public record of not more than $10 per hour after the first hour 

of staff time per request. Compiling the public record includes 

reviewing and redacting confidential information . [2003, c . 

709, §2 (NEW) .] 

C. If translation is necessary, the agency or official may charge a 

fee to cover the actual cost of translation. [ 2 0 0 3, c . 7 0 9, § 2 

(NEW) .] 

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Title 1, §408 : Public records available for public inspection and copying Page 2 of 2 

D. An agency or official may not charge for inspection. [2003, 

c . 709, §2 (NEW) .] 

[ 2003, c . 709, §2 (NEW) .] 

4. Estimate. The agency or official shall provide to the 

requester an estimate of the time necessary to complete the request 

and of the total cost . If the estimate of the total cost is greater than 

$20, the agency or official shall inform the requester before 

proceeding . If the estimate of the total cost is greater than $100, 

subsection 5 applies . 

[ 2003, c. 709, §2 (NEW) .] 

5. Payment in advance. The agency or official may require a 

requester to pay all or a portion of the estimated costs to complete the 

request prior to the translation, search, retrieval, compiling and 

copying of the public record if: 

A. The estimated total cost exceeds $100; or [2003, c . 709, 

§2 (NEW) .] 

B. The requester has previously failed to pay a properly assessed 

fee under this chapter in a timely manner. [2003, c . 709, § 2 

(NEW) .] 

[ 2003, c . 709, §2 (NEW) .] 

6 . Waivers. The agency or official may waive part or all of the 

total fee if: 

A

. ] . The requester is indigent; or [ 2 0 0 3, c. 7 0 9, § 2 (NEW) 

B. Release of the public record requested is in the public interest 

because doing so is likely to contribute significantly to public 

understanding of the operations or activities of government and 

is not primarily in the commercial interest of the requester. 

[2009, c . 240, §4 (AND) .] 

[ 2009, c . 240, §4 (Abm) .] 

SECTION HISTORY 

1975, c . 758, (NEW) . 2003, c . 709, §2 (RPR) . 2007, c . 

501, §1 (AMD) . 2009, c. 240, §4 (AND) . 

Data for this page extracted on I0/27/2009 09:55:46. 

The Revisor's Office cannot provide legal advice or 

interpretation of Maine law to the public. 

If you need legal advice, please consult a qualified attorney. 

Offi ce of the Re vi sor of Statutes 

7 State House Station 

State House Room 108 

Augusta, Maine 04333-0007 

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