Petitions by Records Access Officers to the Supervisor of Records

Under the updated Public Records Law and Regulations, Records Access Officers (RAOs) may petition the Supervisor of Records (Supervisor) with respect to assessing fees and extensions of time to provide public records. G.L. c. 66, §10(c), (d); 950 CMR 32.06(4)(e); 950 CMR 32.06(4).

RAOs may request an extension from the Supervisor if more time is needed to provide records. Such a request for extension must occur within 20 business days of receipt of request or within 10 business days after receipt of a determination by the Supervisor that the requested record constitutes a public record. The Supervisor may grant an extension of 20 business days to an agency and 30 business days to a municipality, or longer depending on the circumstances. 950 CMR 32.06(4)(e).

RAOs may also petition the Supervisor to charge for time spent segregating or redacting records. Only a municipal RAO may petition the Supervisor for permission to charge fees in excess of the maximum hourly rate of $25 per hour for time required to comply with a request. 950 CMR 32.06(4)(h).

Filing a petition does not affect the requirement that an RAO shall provide an initial response to a requester within 10 business days after receipt of a request for public records. 950 CMR 32.06(4)(b). RAOs must also provide a copy of the petition to the requester. G.L. c. 66, §10(c), (d).

RAOs are encouraged to send these petitions via email to either RAO.Petitions@sec.state.ma.us or pre@sec.state.ma.us.

RAOs may also send petitions by mail to:

Supervisor of Records
Division of Public Records
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, Massachusetts 02108