§ 38-2-8 - Administrative appeals. - Rhode Island Statutes

SECTION 38-2-8

   § 38-2-8  Administrative appeals. –(a) Any person or entity denied the right to inspect a record of a public bodyby the custodian of the record may petition the chief administrative officer ofthat public body for a review of the determinations made by his or hersubordinate. The chief administrative officer shall make a final determinationwhether or not to allow public inspection within ten (10) business days afterthe submission of the review petition.

   (b) If the chief administrative officer determines that therecord is not subject to public inspection, the person or entity seekingdisclosure may file a complaint with the attorney general. The attorney generalshall investigate the complaint and if the attorney general shall determinethat the allegations of the complaint are meritorious, he or she may instituteproceedings for injunctive or declaratory relief on behalf of the complainantin the superior court of the county where the record is maintained. Nothingwithin this section shall prohibit any individual or entity from retainingprivate counsel for the purpose of instituting proceedings for injunctive ordeclaratory relief in the superior court of the county where the record ismaintained.

   (c) The attorney general shall consider all complaints filedunder this chapter to have also been filed pursuant to the provisions of §42-46-8(a), if applicable.

   (d) Nothing within this section shall prohibit the attorneygeneral from initiating a complaint on behalf of the public interest.