Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 1 - Access to Public Records (216-RICR-10-05-1) › Section 216-RICR-10-05-1.4 - Access to Public Records

Current through June 14, 2024
1.4.1
Public
				  Records
All public records of the Department shall be open for
					 public inspection, in accordance with provisions of R.I. Gen. Laws §
										38-2-3,
					 and in accordance with the policy established in §1.4.6 of this
					 Part.
1.4.2
Procedures for
				  Requesting Public Records
A. The
				  Department has instituted the following procedures for members of the public to
				  obtain public records:
1. A written request is
				  not required for records available pursuant to the Act or other documents
				  prepared for or readily available to the public. Members of the public can
				  request public records from the Department by accessing the Department's
				  website:
http://www.health.ri.gov/records/about/requests
,
				  or by contacting the Department's Office of Legal Services, which is the
				  Department's designated public records unit. The mailing address is: Department
				  of Health, Office of Legal Services, 3 Capitol Hill, Providence, RI
				  02908.
2. You are not required to
				  provide identification or the reason you seek the information. Your right to
				  access public records will not depend upon providing identification or
				  reasons.
3. In order to assure that
				  the Department is able to respond to the request as efficiently and as
				  completely as possible, the request should identify and describe the records
				  being requested with as much specificity as possible. If the description of
				  records being requested is not sufficient to allow the Department to identify
				  and locate the requested records, the Department will notify the person
				  requesting such records that additional information is needed in order to
				  properly respond to the request.
4.
				  Copies of public records will be provided electronically, by facsimile or by
				  mail in accordance with the requestor's choice, unless complying would be
				  unduly burdensome due to the volume of records requested or the costs that
				  would be incurred. The requestor is responsible for the actual cost of
				  delivery, if any.
5. The timeframes
				  for the Department's response are pursuant to R.I. Gen. Laws §
												38-2-3(e).
6. Any denial of access to records, in whole
				  or in part, will be provided through a written response to the requestor
				  indicating the reasons for the denial of access to records or for the denial of
				  certain information contained in a record that is otherwise public pursuant to
				  R.I. Gen. Laws §
												38-2-2.
				  The written response will also include the process for appeals outlined in R.I.
				  Gen. Laws §
												38-2-8.
7. Any individual who receives a denial for
				  copies of requested records or the ability to inspect records may petition the
				  Director for a review of the determinations. The Director shall make a final
				  determination whether or not to allow public inspection within ten (10)
				  business days. If the denial is confirmed, the individual may file a complaint
				  with the Office of the Attorney General, who will then investigate and make a
				  determination pursuant to R.I. Gen. Laws §
												38-2-8.
				  The individual may also file a lawsuit in Superior Court pursuant to R.I. Gen.
				  Laws §
												38-2-9.