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Opinion Letter No. 00-03
October 31, 2000
Historic Preservation Records Public
A record requester made several requests for records
of the Department of Land and Natural
Resources State Historic Preservation Division ("SHPD")
over the course of several months. SHPD
provided some records, and indicated that others were not maintained.
At least twenty-seven written
requests for records, however, were not responded to in accordance
with the UIPA and OIP
administrative rules.
The OIP attempted several times to elicit information from SHPD
on the reasons for its nondisclosure.
Finally, the OIP opined that since no information was presented
to show that any of the information
requested was not public, SHPD should allow the requester to make
an appointment to come in and
view the requested information, and if asked, SHPD should provide
the requester with copies of the
requested records.
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