8 Del. Admin. Code — Public Information (FOIA)

Delaware National Guard, Office of the Director Delaware National Guard, Office of the Director

100 Policies and Procedures Regarding State FOIA Requests

8 Del. Admin. Code § 100-1.0 Purpose

The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records under Title 29, Chapter 100 of the Delaware Code, the Freedom of Information Act.

Agency employees are reminded that all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Agency and to comply with the policy that the public shall have reasonable access to Public Records.

History

15 DE Reg. 813 (12/01/11)

8 Del. Admin. Code § 100-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means Delaware National Guard.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of Department of Military Affairs.

History

15 DE Reg. 813 (12/01/11)

8 Del. Admin. Code § 100-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Agency in person, by email, by fax, or online in accordance with the provisions hereunder. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Agency’s website, or from the office or website of any state agency.

3.1.2 All requests shall adequately describe the records sought in sufficient detail to enable the Agency to locate such records with reasonable effort. The Requesting Party shall be as specific as possible when requesting records. To assist the Agency in locating the requested records, the Agency may request that the Requesting Party provide additional information known to the Requesting Party, such the types of records, dates, parties to correspondence, and subject matter of the requested records.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at Joint Force Headquarters, First Regiment Road, Wilmington, Delaware 19808, by email to ngdefoia@ng.army.mil, by fax at 302-326-7196; or via online request form, which may be found at http://smu.portal.delaware.gov/cgi-bin/mail.php?foia-request on the Agency’s home page at http://www.delawarenationalguard.com/. There is also a printable, fillable PDF version at http://www.delaware.gov/forms/foia_request_form.pdf

3.3 FOIA Coordinator

3.3.1 The Secretary shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Agency’s responses thereto. The FOIA Coordinator shall be identified on the Agency's website. The FOIA Coordinator may designate other Agency employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator and/or his or her designee, working in cooperation with other Agency employees and representatives, shall make every reasonable effort to assist the Requesting Party in identifying the records being sought, and to assist the Agency in locating and providing the requested records. The FOIA Coordinator and/or his or her designee will also work to foster cooperation between the Agency and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another agency, the FOIA Coordinator shall promptly forward such request to the relevant agency and promptly notify the Requesting Party that the request has been forwarded. The Agency may close the initial request upon receipt of a written confirmation from the FOIA Coordinator of the relevant agency that the relevant agency has received such request. The Agency shall provide the Requesting Party with the name and phone number of the FOIA Coordinator of the relevant agency.

3.3.3 The FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party’s contact information; the date the Agency received the Request; the Agency’s response deadline pursuant to §3.4; the date of the Agency’s response pursuant to §3.4 (including the reasons for any extension pursuant to §3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to §§3.3.2, 3.5 and 3.6; the dates of review by the Agency pursuant to §3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Agency Response to Requests

3.4.1 The Agency shall respond to a FOIA Request as soon as possible, but in any event within fifteen (15) business days after the receipt thereof, either by providing access to the requested records; denying access to the records or parts of them; or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within fifteen (15) business days, the Agency shall cite one of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

3.4.2 If the Agency denies a request in whole or in part, the Agency’s response shall indicate the reasons for the denial. The Agency shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

3.5 Requests for Email

3.5.1 Requests for email records will be handled in accordance with the Federal FOIA law.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Agency but that are either not within its possession or cannot otherwise be fulfilled by the Agency with reasonable effort from records it possesses (collectively, the “Non-Custodial Records”), then the Agency shall promptly request that the relevant public body provide the Non-Custodial Records to the Agency. Prior to disclosure, records may be reviewed in accordance with §3.7 hereunder by the Agency, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Agency.

3.6.2 Before requesting any Non-Custodial Records, the Agency shall provide a written cost estimate to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.7 Review by Agency

3.7.1 Prior to disclosure, records may be reviewed by the Agency to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing herein shall prohibit the Agency from disclosing or permitting access to Public Records if the Agency determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 813 (12/01/11)

8 Del. Admin. Code § 100-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.1 Standard Sized, Black and White Copies: The first 20 pages of standard sized, black and white copied material shall be provided free of charge. The charge for copying standard sized, black and white Public Records for copies over and above 20 shall be $0.10 per sheet (i.e., $0.10 for a single-sided sheet, $0.20 for a double-sided sheet). This charge applies to copies on the following standard paper sizes: 8.5” x 11”; 8.5” x 14”; and 11” x 17”.

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.1.1.3 Color Copies/Printouts: An additional charge of $1.00 per sheet will be assessed for all color copies or printouts for standard sized copies (8.5” x 11”; 8.5” x 14”; and 11” x 17”), and $1.50 per sheet for larger copies.

4.2 Administrative Fees

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Agency’s legal review of whether any portion of the requested records is exempt from FOIA. The Agency shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Agency shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.2.2 Prior to fulfilling any request that would require a Requesting Party to incur administrative fees, the Agency shall provide a written cost estimate of such fees to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

4.2.3 Administrative fees will be billed to the Requesting Party per quarter hour. These charges will be billed at the current hourly pay grade (pro-rated for quarter hour increments) of the lowest-paid employee capable of performing the service. Administrative fees will be in addition to any other charges incurred under this Section 4, including copying fees.

4.2.4 When multiple FOIA Requests are submitted by or on behalf of a Requesting Party in an effort to avoid incurring administrative charges, the Agency may in its discretion aggregate staff time for all such requests when computing fees hereunder.

4.3 Microfilm and/or Microfiche Printouts: The first 20 pages of standard sized, black and white material copied from microfilm and/or microfiche shall be provided free of charge. The charge for microfilm and/or microfiche printouts over and above 20 shall be $0.15 per sheet.

4.4 Electronically Generated Records: Charges for copying records maintained in an electronic format will be calculated by the material costs involved in generating the copies (including but not limited to DVD, CD, or other electronic storage costs) and administrative costs.

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

4.6 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Agency in preparing the requested records. The Agency shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

15 DE Reg. 813 (12/01/11)

8 Del. Admin. Code § 100-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 813 (12/01/11)

8 Del. Admin. Code § 100-6.0 Agency Specific Requirement

The Agency maintains Federal and State records; therefore, the Agency is required to follow State as well as Federal (5 U.S.C 522) FOIA laws. Requests that pertain to Federal records will be forwarded to the appropriate official and the request will be handled in accordance with the Federal FOIA law.

History

15 DE Reg. 813 (12/01/11)

Delaware State Housing Authority, Office of the Director Delaware State Housing Authority, Office of the Director

200 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 200-1.0 Purpose

History

15 DE Reg. 817 (12/01/11)

8 Del. Admin. Code § 200-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means Delaware State Housing Authority.

“Director” means the Director of the Delaware State Housing Authority.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Director to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

History

15 DE Reg. 817 (12/01/11)

8 Del. Admin. Code § 200-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at, by email to FOIACoordinator@destatehousing.com, by fax at (302) 739-6122; or via online request form, which may be found on the Agency’s FOIA page at http://destatehousing.com/DirectorsOffice/foia.php.

3.3 FOIA Coordinator

3.3.1 The Director shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Agency’s responses thereto. The FOIA Coordinator shall be identified on the Agency's website. The FOIA Coordinator may designate other Agency employees to perform specific duties and functions hereunder.

3.4 Agency Response to Requests

3.5 Requests for Email

3.5.1 Requests for email records shall be fulfilled by the Agency from its own records, if doing so can be accomplished by the Agency with reasonable effort. If the Agency determines that it cannot fulfill all or any portion of such request, the Agency shall promptly request that the Department of Technology and Information (“DTI”) provide the email records to the Agency. Upon receipt from DTI, the Agency may review the email records in accordance with §3.7 hereunder.

3.5.2 Before requesting DTI to provide email records, the Agency shall provide a written cost estimate from DTI to the Requesting Party, listing all charges expected to be incurred by DTI in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 817 (12/01/11)

8 Del. Admin. Code § 200-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

15 DE Reg. 817 (12/01/11)

8 Del. Admin. Code § 200-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 817 (12/01/11)

8 Del. Admin. Code § 200-6.0 Agency-Specific Provisions

With respect to any request for records that are submitted to the Agency as part of a confidential bidding or application process, the Agency reserves the right to withhold such material pending the closing of such bidding process and the evaluation of bids or proposals.

History

15 DE Reg. 817 (12/01/11)

Department of Agriculture, Office of the Director Department of Agriculture, Office of the Director

300 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 300-1.0 Purpose

The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records under Title 29, Chapter 100 of the Delaware Code.

History

15 DE Reg. 822 (12/01/11)

8 Del. Admin. Code § 300-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means the Delaware Department of Agriculture (DDA).

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of Agriculture.

History

15 DE Reg. 822 (12/01/11)

8 Del. Admin. Code § 300-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Agency in person, by email or online in accordance with Section 3.2. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the proper form. Copies of the FOIA Request Form may be obtained from the Agency’s website, or from the office or website of any state agency.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at http://dda.delaware.gov/, by email to DDA.FOIA@state.de.us, or via online request form, which can be found at: http://smu.portal.delaware.gov/cgi-bin/mail.php?foia-request. The Agency’s address is as follows:

The Delaware Department of Agriculture

2320 South DuPont Highway

Dover, DE 19901

302.698.4500

302.697.6287 (FAX)

http://dda.delaware.gov/

3.3 FOIA Coordinator

3.3.1 The Secretary shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and shall coordinate the Agency’s responses thereto. The FOIA Coordinator shall be identified on the Agency's website. The FOIA Coordinator may designate other Agency employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator and/or his or her designee shall make every reasonable effort to assist the Requesting Party in identifying the records being sought, and to assist the Agency in locating and providing the requested records. The FOIA Coordinator and/or his or her designee will also work to foster cooperation between the Agency and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another agency, the FOIA Coordinator shall promptly forward such request to the relevant agency and promptly notify the Requesting Party that the request has been forwarded. The Agency may close the initial request upon receipt of a written confirmation from the FOIA coordinator of the relevant agency has received the request. The Agency shall provide the Requesting Party with the name and phone number of the FOIA coordinator of the relevant agency that the agency has received such request. The Agency shall provide the requesting party with the name and phone number of the FOIA Coordinator of the relevant agency.

3.4 Agency Response to Requests

3.5 Requests for Email

3.5.1 Requests for email records may be fulfilled by the Agency from its own records, if doing so can be accomplished by the Agency with reasonable effort. If the Agency determines that it cannot with reasonable effort fulfill all or any portion of such request, the Agency shall promptly request that the Department of Technology and Information (“DTI”) provide the email records to the Agency. Upon receipt from DTI, the Agency may review the email records in accordance with §3.7 hereunder.

3.5.2 Before requesting DTI to provide email records, the Agency shall forward a written cost estimate from DTI to the Requesting Party, listing all charges expected to be incurred by DTI in retrieving the records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours from 8:00 am to 4:30 pm Monday through Friday.

History

15 DE Reg. 822 (12/01/11)

8 Del. Admin. Code § 300-4.0 Fees

4.1 Photocopying Fees:

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees:

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying responsive records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Agency’s legal review of whether any portion of the requested records are exempt from FOIA. The Agency shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Agency shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.5 Payment:

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

15 DE Reg. 822 (12/01/11)

8 Del. Admin. Code § 300-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 822 (12/01/11)

Department of Education Department of Education

Office of the Secretary Office of the Secretary

400 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 400-1.0 Purpose

History

13 DE Reg. 252 (08/01/09)
15 DE Reg. 826 (12/01/11)

8 Del. Admin. Code § 400-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means the Delaware Department of Education (DOE).

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of the Delaware Department of Education.

History

13 DE Reg. 252 (08/01/09)
15 DE Reg. 826 (12/01/11)

8 Del. Admin. Code § 400-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at the Delaware Department of Education, 401 Federal Street, Suite 2, Dover Delaware 19901, by email to FOIA Coordinator@doe.k12.de.us, by fax at 302-739-4654; or via online request form, which may be found on the Agency’s home page at www.doe.k12.de.us.

3.3 FOIA Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.5.1 Requests for email records shall be fulfilled by the Agency from its own records, if doing so can be accomplished by the Agency with reasonable effort.

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

13 DE Reg. 252 (08/01/09)
15 DE Reg. 826 (12/01/11)

8 Del. Admin. Code § 400-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

13 DE Reg. 252 (08/01/09)
15 DE Reg. 826 (12/01/11)

8 Del. Admin. Code § 400-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

13 DE Reg. 252 (08/01/09)
15 DE Reg. 826 (12/01/11)

Professional Standards Board Professional Standards Board

401 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 401-1.0 Purpose

The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records under 29 Del.C. Ch. 100, the Freedom of Information Act.

History

16 DE Reg. 1266 (06/01/13)

8 Del. Admin. Code § 401-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

"Agency" means the Delaware Professional Standards Board (PSB or Standards Board).

"FOIA" means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.

"FOIA Coordinator" shall mean the PSB Executive Director or other person designated by the PSB Chairperson to receive and process FOIA Requests.

"FOIA Request" or "Request" means a request to inspect or copy Public Records pursuant to 29 Del.C. §10003 and in accordance with the policy hereunder.

"FOIA Request Form" means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

"Non-Custodial Records" shall have the meaning set forth in section 3.6.

"Public Record" shall have the meaning set forth in 29 Del.C. §10002.

"Requesting Party" shall mean the party filing a FOIA Request.

"Standards Board" means the Delaware Professional Standards Board.

History

16 DE Reg. 1266 (06/01/13)

8 Del. Admin. Code § 401-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Agency in person, by email, by fax, or online in accordance with the provisions hereunder. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Agency's website, or from the office or website of any state agency.

3.2 Method of Filing Request. FOIA Requests may be made by mail or in person to the FOIA Coordinator at the Delaware Professional Standards Board, 401 Federal Street, Suite 2, Dover Delaware 19901, by email to FOIA Coordinator@doe.k12.de.us, by fax at 302-739-5894; or via online request form, which may be found on the Agency's home page at www.doe.k12.de.us/psb.

3.3 FOIA Coordinator

3.3.1 The PSB Chair Person shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Agency's responses thereto. The FOIA Coordinator shall be identified on the Agency's website. The FOIA Coordinator may designate other Agency employees to perform specific duties and functions hereunder and request assistance from the Department of Education's FOIA Coordinator.

3.3.3 The FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party's contact information; the date the Agency received the Request; the Agency's response deadline pursuant to section 3.4; the date of the Agency's response pursuant to section 3.4 (including the reasons for any extension pursuant to section 3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to sections 3.3.2, 3.5 and 3.6; the dates of review by the Agency pursuant to section 3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Agency Response to Requests

3.4.2 If the Agency denies a request in whole or in part, the Agency's response shall indicate the reasons for the denial. The Agency shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

3.5 Requests for email records shall be fulfilled by the Agency from its own records, if doing so can be accomplished by the Agency with reasonable effort.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Agency but that are either not within its possession or cannot otherwise be fulfilled by the Agency with reasonable effort from records it possesses (collectively, the "Non-Custodial Records"), then the Agency shall promptly request that the relevant public body provide the Non-Custodial Records to the Agency. Prior to disclosure, records may be reviewed in accordance with section 3.7 hereunder by the Agency, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Agency.

3.7 Review by Agency. Prior to disclosure, records may be reviewed by the Agency to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing herein shall prohibit the Agency from disclosing or permitting access to Public Records if the Agency determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review. The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

16 DE Reg. 1266 (06/01/13)

8 Del. Admin. Code § 401-4.0 Fees

4.1 Photocopying Fees

In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1 Standard Sized, Black and White Copies: The first 20 pages of standard sized, black and white copied material shall be provided free of charge. The charge for copying standard sized, black and white Public Records for copies over and above 20 shall be $0.10 per sheet (i.e., $0.10 for a single-sided sheet, $0.20 for a double-sided sheet). This charge applies to copies on the following standard paper sizes: 8.5" x 11"; 8.5" x 14"; and 11" x 17".

4.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

18" x 22": $2.00 per sheet

24" x 36": $3.00 per sheet

Documents larger than 24"x36": $1.00 per sq. ft

4.1.3 Color Copies/Printouts: An additional charge of $1.00 per sheet will be assessed for all color copies or printouts for standard sized copies (8.5" x 11"; 8.5" x 14"; and 11" x 17"), and $1.50 per sheet for larger copies.

4.2 Administrative Fees

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Agency's legal review of whether any portion of the requested records is exempt from FOIA. The Agency shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Agency shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

16 DE Reg. 1266 (06/01/13)

8 Del. Admin. Code § 401-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

16 DE Reg. 1266 (06/01/13)

Department of Elections Department of Elections

Kent County Kent County

1602 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1602-1.0 Purpose

1.1 The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records in accordance with 29 Del.C. Ch. 100.

1.2 Department employees are reminded that all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Department and to comply with the policy that the public shall have reasonable access to Public Records.

History

18 DE Reg. 58 (07/01/14)

8 Del. Admin. Code § 1602-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Department” means the Department of Elections for Kent County

“Deputy Director” means the Deputy Director, Department of Elections for Kent County.

“Director” means the Director, Department of Elections for Kent County.

“FOIA” means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.

“FOIA Coordinator” means the person designated by the Director and/or Deputy Director to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect Public Records pursuant to 29 Del.C. §10003 and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” means the party filing a FOIA Request.

History

18 DE Reg. 58 (07/01/14)

8 Del. Admin. Code § 1602-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Department in person, by mail, email or online in accordance with Section 3.2. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the proper form. Copies of the FOIA Request Form may be obtained from the Department, the Department’s website, or from the office or website of any state Agency.

3.1.2 All requests shall describe the records sought in sufficient detail to enable the Department to locate such records with reasonable effort. The Requesting Party shall be as specific as possible when requesting records. To assist the Department in locating the requested records, the Department may request that the Requesting Party provide additional information known to the Requesting Party, such the types of records, dates, parties to correspondence, and subject matter of the requested records.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at the Department’s office, by email to votekc@state.de.us, or via online request form, which can be found at http://electionskc.delaware.gov/information/foia/foia_request_form.pdf

3.2.2 The Department’s address is as follows:

Department of Elections for Kent County

100 Enterprise Place, Suite 5

Dover, DE 19904

Phone: 302.739.4498

FAX: 302.739.4515

Email: mailto:votekc@state.de.us

Web Site: http://electionskc.delaware.gov/

3.3 FOIA Coordinator

3.3.1 The Director and Deputy Director shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and shall coordinate the Department’s responses thereto. The FOIA Coordinator shall be identified on the Department's website. The FOIA Coordinator may designate other Department employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator and/or his or her designee shall make every reasonable effort to assist the Requesting Party in identifying the records being sought, and to assist the Department in locating and providing the requested records. The FOIA Coordinator and/or his or her designee will also work to foster cooperation between the Department and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another Agency, the FOIA Coordinator shall promptly forward such request to that Agency and promptly notify the Requesting Party that the request has been forwarded. The Department may close the initial request upon receipt of a written confirmation from the FOIA coordinator of the relevant Agency has received the request. The Department shall provide the Requesting Party with the name and phone number of the FOIA coordinator of the relevant Agency and confirmed that it had received the request.

3.3.3 The FOIA Coordinator shall maintain a document tracking all FOIA Requests for the current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party’s contact information; the date the Department received the Request; the Department’s response deadline pursuant to Section 3.4; the date of the Department’s response pursuant to Section 3.4 (including the reasons for any extension pursuant to Section 3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to Sections 3.3.2, 3.5 and 3.6; the dates of review by the Department pursuant to Section 3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Department Response to Requests

3.4.1 The Department shall respond to a FOIA Request as soon as possible, but in any event within fifteen (15) business days after the receipt thereof, either by providing access to the requested records; denying access to the records or parts of them; or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within fifteen (15) business days, the Department shall cite one of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

3.4.2 If the Department denies a request in whole or in part, the Department’s response shall indicate the reasons for the denial. The Department shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

3.5 Requests for Email

3.5.1 Requests for email records may be fulfilled by the Department from its own records, if doing so can be accomplished by the Department with reasonable effort. If the Department determines that it cannot with reasonable effort fulfill all or any portion of such request, the Department shall promptly request that the Department of Technology and Information (“DTI”) provide the email records to the Department. Upon receipt from DTI, the Department may review the email records in accordance with 3.7 hereunder.

3.5.2 Before requesting DTI to provide email records, the Department shall forward a written cost estimate from DTI to the Requesting Party, listing all charges expected to be incurred by DTI in retrieving the records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Department but that are either not within its possession or cannot otherwise be fulfilled by the Department with reasonable effort from records it possesses (collectively, the “Non-Custodial Records”), then the Department shall promptly request that the relevant public body provide the Non-Custodial Records to the Department. Prior to disclosure, records may be reviewed in accordance with Section 3.7 hereunder by the Department, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Department.

3.6.2 Before requesting any Non-Custodial Records, the Department shall provide a written cost estimate to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.7 Review by Department. Prior to disclosure, records may be reviewed by the Department to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing herein shall prohibit the Department from disclosing or permitting access to Public Records if the Department determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review. The Department shall provide reasonable access for reviewing Public Records during regular business hours from 8 a.m. to 4:30 p.m. Monday through Friday.

History

18 DE Reg. 58 (07/01/14)

8 Del. Admin. Code § 1602-4.0 Fees

4.1 Photocopying, printing and other associated Fees:

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying and printing fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying or printing oversized Public Records shall be as follows:

4.1.1.3 Color Copies/Printouts: An additional charge of $.50 per sheet will be assessed for all color copies or printouts for standard sized copies (8.5” x 11”; 8.5” x 14”; and 11” x 17”), and $1.00 per sheet for larger copies.

4.1.1.4 Electronic Media fees: The cost of providing records on a CD or DVD is $10.00 in addition to any Administrative or copying fees.

4.1.1.5 There shall be no charge for delivering records electronically, however there may be a copying fee if portions of a record or records have to be redacted in addition to an Administrative fee in accordance with section 4.2.

4.2 Administrative Fees:

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying responsive records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Department’s legal review of whether any portion of the requested records are exempt from FOIA. The Department shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Department shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible. Administrative fees shall be charged at the rate of $14 per hour.

4.2.2 Prior to fulfilling any request that would require a Requesting Party to incur administrative fees, the Department shall provide a written cost estimate of such fees to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

4.2.3 Administrative fees will be billed to the Requesting Party per quarter hour. Administrative fees will be in addition to any other charges incurred under this Section 4.0, including copying fees.

4.2.4 When multiple FOIA Requests are submitted by or on behalf of a Requesting Party in an effort to avoid incurring administrative charges, the Department may in its discretion aggregate staff time for all such requests when computing fees hereunder.

4.5 Payment: The Department requires payment of fees in U. S. currency by cash or check (payable to the “State of Delaware”) before fulfilling a request for records.

4.6 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Department in preparing the requested records. The Department shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

18 DE Reg. 58 (07/01/14)

8 Del. Admin. Code § 1602-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

18 DE Reg. 58 (07/01/14)

New Castle County New Castle County

1601 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1601-1.0 Purpose

The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records in accordance with 29 Del.C. Ch. 100.

Department employees are reminded that all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Department and to comply with the policy that the public shall have reasonable access to Public Records.

History

17 DE Reg. 1062 (05/01/14)

8 Del. Admin. Code § 1601-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

"Department" means the Department of Elections for New Castle County

"Deputy Director" means the Deputy Director, Department of Elections for New Castle County.

"Director" means the Director, Department of Elections for New Castle County.

"FOIA" means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.

"FOIA Coordinator" shall mean the person designated by the Director and/or Deputy Director to receive and process FOIA Requests.

"FOIA Request" or "Request" means a request to inspect Public Records pursuant to 29 Del.C. §10003 of the Delaware Code and in accordance with the policy hereunder.

"FOIA Request Form" means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

"Non-Custodial Records" shall have the meaning set forth in Section 3.6.

"Public Record" shall have the meaning set forth in 29 Del.C. §10002.

"Requesting Party" shall mean the party filing a FOIA Request.

History

17 DE Reg. 1062 (05/01/14)

8 Del. Admin. Code § 1601-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Department in person, by mail, email or online in accordance with Section 3.2. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the proper form. Copies of the FOIA Request Form may be obtained from the Department, the Department's website, or from the office or website of any state Agency.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at the Department's office, by email to votencc@state.de.us, or via online request form, which can be found at: http://smu.portal.delaware.gov/cgi-bin/mail.php?foia-request. The Department's address is as follows:

Department of Elections for New Castle County

820 N. French Street, Suite 400

Wilmington, DE 19801

Phone: 302.577.3464

FAX: 302.577.6545

Email: mailto:votencc@state.de.us

Web Site: http://electionsncc.delaware.gov/

3.3 FOIA Coordinator

3.3.1 The Director and Deputy Director shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and shall coordinate the Department's responses thereto. The FOIA Coordinator shall be identified on the Department's website. The FOIA Coordinator may designate other Department employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator and/or his or her designee shall make every reasonable effort to assist the Requesting Party in identifying the records being sought, and to assist the Department in locating and providing the requested records. The FOIA Coordinator and/or his or her designee will also work to foster cooperation between the Department and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another Agency, the FOIA Coordinator shall promptly forward such request to that Agency and promptly notify the Requesting Party that the request has been forwarded. The Department may close the initial request upon receipt of a written confirmation from the FOIA coordinator of the relevant Agency has received the request. The Department shall provide the Requesting Party with the name and phone number of the FOIA coordinator of the relevant Agency and confirmed that it had received the request.

3.3.3 The FOIA Coordinator shall maintain a document tracking all FOIA Requests for the current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party's contact information; the date the Department received the Request; the Department's response deadline pursuant to Section 3.4; the date of the Department's response pursuant to Section 3.4 (including the reasons for any extension pursuant to Section 3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to Sections 3.3.2, 3.5 and 3.6; the dates of review by the Department pursuant to Section 3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Department Response to Requests

3.4.2 If the Department denies a request in whole or in part, the Department's response shall indicate the reasons for the denial. The Department shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

3.5 Requests for Email

3.5.1 Requests for email records may be fulfilled by the Department from its own records, if doing so can be accomplished by the Department with reasonable effort. If the Department determines that it cannot with reasonable effort fulfill all or any portion of such request, the Department shall promptly request that the Department of Technology and Information ("DTI") provide the email records to the Department. Upon receipt from DTI, the Department may review the email records in accordance with 3.7 hereunder.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Department but that are either not within its possession or cannot otherwise be fulfilled by the Department with reasonable effort from records it possesses (collectively, the "Non-Custodial Records"), then the Department shall promptly request that the relevant public body provide the Non-Custodial Records to the Department. Prior to disclosure, records may be reviewed in accordance with Section 3.7 hereunder by the Department, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Department.

3.8 Hours of Review. The Department shall provide reasonable access for reviewing Public Records during regular business hours from 8 a.m. to 4:30 p.m. Monday through Friday.

History

17 DE Reg. 1062 (05/01/14)

8 Del. Admin. Code § 1601-4.0 Fees

4.1 Photocopying, printing and other associated Fees:

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying and printing fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying or printing oversized Public Records shall be as follows:

18" x 22": $2.00 per sheet

24" x 36": $3.00 per sheet

Larger than 24" x 36": $3.00 plus $1.00 per square foot above the first 6 square feet

Note: The fees in section 4.1 do not apply to Legislative District maps. The Department has a fee schedule for Legislative District maps.

4.1.1.3 Color Copies/Printouts: An additional charge of $.50 per sheet will be assessed for all color copies or printouts for standard sized copies (8.5" x 11"; 8.5" x 14"; and 11" x 17"), and $1.00 per sheet for larger copies.

4.1.1.4 Electronic Media fees: The cost of providing records on a CD or DVD is $10.00 in addition to any Administrative or copying fees.

4.2 Administrative Fees:

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying responsive records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Department's legal review of whether any portion of the requested records are exempt from FOIA. The Department shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Department shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible. Administrative fees shall be charged at the rate of $14 per hour.

4.2.3 Administrative fees will be billed to the Requesting Party per quarter hour. Administrative fees will be in addition to any other charges incurred under this Section 4, including copying fees.

4.5 Payment: The Department requires payment of fees in U. S. currency by cash or check (payable to the "State of Delaware") before fulfilling a request for records.

4.6 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Department in preparing the requested records. The Department shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

17 DE Reg. 1062 (05/01/14)

8 Del. Admin. Code § 1601-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

17 DE Reg. 1062 (05/01/14)

Department of Finance, Office of the Secretary Department of Finance, Office of the Secretary

500 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 500-1.0 Purpose

1.1 The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records under Title 29, Chapter 100 of the Delaware Code, the Freedom of Information Act.

1.2 Agency employees are reminded that all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Agency and to comply with the policy that the public shall have reasonable access to Public Records.

History

15 DE Reg. 841 (12/01/11)

8 Del. Admin. Code § 500-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means the Department of Finance.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of Finance.

History

15 DE Reg. 841 (12/01/11)

8 Del. Admin. Code § 500-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at FOIA Coordinator, Department of Finance, Carvel State Office Building, Mail Stop C900, 820 North French Street, Wilmington, DE, 19801; by email to DOF_FOIA@state.de.us; by fax at (302) 577-8656; or via online request form, which may be found on the Agency’s home page at www.finance.delaware.gov.

3.3 FOIA Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 841 (12/01/11)

8 Del. Admin. Code § 500-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

15 DE Reg. 841 (12/01/11)

8 Del. Admin. Code § 500-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 841 (12/01/11)

8 Del. Admin. Code § 500-6.0 Agency-Specific Provisions

6.1 The definition of Public Record contains various specific exceptions to the general definition of what records constitute Public Records. Several of these exceptions frequently apply to records in the custody of the Agency. These exceptions include, but are not limited to:

6.1.1 Investigatory files compiled for civil or criminal law-enforcement. The Agency routinely keeps investigatory files in connection with its enforcement of the tax, escheat and lottery statutes.

6.1.2 Any records specifically exempted from public disclosure by statute or common law. The Agency is subject to several statutes that prohibit public disclosure of particular types of records. These statutes prohibit disclosure of:

6.1.2.1 tax returns and information in tax returns,

6.1.2.2 most information in reports made to the State Escheator, and

6.1.2.3 the names and addresses of lottery prize winners, unless the winners consent.

6.1.3 Any records pertaining to pending or potential litigation which are not records of any court. The Agency is frequently involved in enforcement and other litigation. Accordingly, it creates and has custody of records that pertain to pending or potential litigation that are not records of any court in all areas over which it has administrative responsibility.

6.2 The Agency reserves the right to refuse Requests, in whole or in part, that seek disclosure of records that are not Public Records because of any exception to the statutory definition of Public Records, including those described in section 6.1.

History

15 DE Reg. 841 (12/01/11)

600 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 600-1.0 Purpose

The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records under 29 Del.C. Ch. 100.

Agency employees are reminded that all Public Records under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Agency and to comply with the policy that the public shall have reasonable access to Public Records.

History

15 DE Reg. 849 (12/01/11) (Final)

8 Del. Admin. Code § 600-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means the Delaware Health and Social Services.

“FOIA” means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect Public Records pursuant to 29 Del.C. §10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of Delaware Health and Social Services.

History

15 DE Reg. 849 (12/01/11) (Final)

8 Del. Admin. Code § 600-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at 1901 N. Du Pont Highway, Main Bldg. New Castle, DE 19720; or by fax at 302 255-4429; or via the DHSS online request form, which can be found at http://dhss.delaware.gov/main/mailforms/dhss_foiaform.aspx.

3.3 FOIA Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours from 8:00 am to 4:30 pm Monday through Friday.

History

15 DE Reg. 849 (12/01/11) (Final)

8 Del. Admin. Code § 600-4.0 Fees

4.1 Photocopying Fees:

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees:

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying responsive records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Agency’s legal review of whether any portion of the requested records are exempt from FOIA. The Agency shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Agency shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.2.4 When multiple FOIA Requests are submitted in a short time period by or on behalf of a Requesting Party in an effort to avoid incurring administrative charges, the Agency may in its discretion aggregate staff time for all such requests when computing fees hereunder.

4.5 Payment:

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

15 DE Reg. 849 (12/01/11) (Final)

8 Del. Admin. Code § 600-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 849 (12/01/11) (Final)

Department of Insurance, Office of the Commissioner Department of Insurance, Office of the Commissioner

700 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 700-1.0 Purpose

Department employees are reminded that all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any Information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Department and to comply with the policy that the public shall have reasonable access to Public Records.

History

14 DE Reg. 480 (11/01/10)
16 DE Reg. 87 (07/01/12)

8 Del. Admin. Code § 700-2.0 Definitions

The following words and terms, when used in this Regulation, shall have the following meaning unless the context clearly indicates otherwise:

“Commissioner” means the Delaware Insurance Commissioner.

“Department” means the Delaware Insurance Department.

“FOIA” means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.

“FOIA Coordinator” shall mean the person designated by the Commissioner to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to 29 Del.C. §10003 and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General, and available on the Department’s home page, upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

History

14 DE Reg. 480 (11/01/10)
16 DE Reg. 87 (07/01/12)

8 Del. Admin. Code § 700-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Department in person, by email, by fax, or online in accordance with the provisions hereunder. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Department’s website, or from the office or website of any state agency.

3.1.2 All requests shall adequately describe the records sought in sufficient detail to enable the Department to locate such records with reasonable effort. The Requesting Party shall be as specific as possible when requesting records. To assist the Department in locating the requested records, the Department may request that the Requesting Party provide additional information known to the Requesting Party, such the types of records, dates, parties to correspondence, and subject matter of the requested records.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at FOIA Coordinator, Department of Insurance, 841Silver Lake Blvd., Dover, DE 19904, by email to DOI_Legal@state.de.us, by fax at 302-739-5566; or via online request form, which may be found on the Department’s home page at http://delawareinsurance.gov/.

3.3 FOI A Coordinator

3.3.1 The Commissioner shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Department’s responses thereto. The FOIA Coordinator shall be identified on the Department’s website. The FOIA Coordinator may designate other Department employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator and/or his or her designee, working in cooperation with other Department employees and representatives, shall make every reasonable effort to assist the Requesting Party in identifying the records being sought, and to assist the Department in locating and providing the requested records. The FOIA Coordinator and/or his or her designee will also work to foster cooperation between the Department and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another agency, the FOIA Coordinator shall promptly forward such request to the relevant agency and promptly notify the Requesting Party that the request has been forwarded. The Department may close the initial request upon receipt of a written confirmation from the FOIA Coordinator of the relevant agency that the relevant agency has received such request. The Department shall provide the Requesting Party with the name and phone number of the FOIA Coordinator of the relevant agency.

3.3.3 In addition to the foregoing responsibilities, beginning on January 1, 2012, the FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party’s contact information; the date the Department received the Request; the Department’s response deadline pursuant to §3.4; the date of the Department’s response pursuant to §3.4 (including the reasons for any extension pursuant to §3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to §§3.3.2, 3.5 and 3.6; the dates of review by the Department pursuant to §3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Department Response to Requests

3.5 Requests for Email

3.5.1 Requests for email records shall be fulfilled by the Department from its own records, if doing so can be accomplished by the Department with reasonable effort. If the Department determines that it cannot fulfill all or any portion of such request, the Department shall promptly request that the Department of Technology and Information (“DTI”) provide the email records to the Department. Upon receipt from DTI, the Department may review the email records in accordance with § 3.7 hereunder.

3.5.2 Before requesting DTI to provide email records, the Department shall provide a written cost estimate from DTI to the Requesting Party, listing all charges expected to be incurred by DTI in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Department but that are either not within its possession or cannot otherwise be fulfilled by the Department with reasonable effort from records it possesses (collectively, the “Non-Custodial Records”), then the Department shall promptly request that the relevant public body provide the Non-Custodial Records to the Department. Prior to disclosure, records may be reviewed in accordance with §3.7 hereunder by the Department, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Department.

3.7 Review by Department

3.7.1 Prior to disclosure, records may be reviewed by the Department to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing herein shall prohibit the Department from disclosing or permitting access to Public Records if the Department determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review

3.8.1 The Department shall provide reasonable access for reviewing Public Records during regular business hours.

History

14 DE Reg. 480 (11/01/10)
16 DE Reg. 87 (07/01/12)

8 Del. Admin. Code § 700-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

18” x 22”: $2.00 per sheet

24” x 36”: $3.00 per sheet

Documents larger than 24” x 36”: $1.00 per square foot

4.2 Administrative Fees

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Department’s legal review of whether any portion of the requested records is exempt from FOIA. The Department shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Department shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.5 Payment

4.5.1 The Department may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Department may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

4.6 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Department in preparing the requested records. The Department shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

14 DE Reg. 480 (11/01/10)
16 DE Reg. 87 (07/01/12)

8 Del. Admin. Code § 700-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

14 DE Reg. 480 (11/01/10)
16 DE Reg. 87 (07/01/12)

8 Del. Admin. Code § 700-6.0 Effective Date

This Regulation will become effective 10 days after being published as a final regulation. Any and all FOIA Requests currently in process at the time of adoption will be subject to this Regulation.

History

14 DE Reg. 480 (11/01/10)
16 DE Reg. 87 (07/01/12)

Department of Labor, Office of the Secretary Department of Labor, Office of the Secretary

800 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 800-1.0 Purpose

History

15 DE Reg. 856 (12/01/11)

8 Del. Admin. Code § 800-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means the Delaware Department of Labor.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of Labor.

History

15 DE Reg. 856 (12/01/11)

8 Del. Admin. Code § 800-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at Department of Labor, 4425 North Market Street, Wilmington, Delaware, by email to Robert.strong@state.de.us, by fax at (302) 761-6621; or via online request form, which may be found on the Agency’s home page at www.delawareworks.com.

3.3 FOIA Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 856 (12/01/11)

8 Del. Admin. Code § 800-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

15 DE Reg. 856 (12/01/11)

8 Del. Admin. Code § 800-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 856 (12/01/11)

Department of Safety and Homeland Security, Office of the Secretary Department of Safety and Homeland Security, Office of the Secretary

1000 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1000-1.0 Purpose

History

15 DE Reg. 877 (12/01/11)

8 Del. Admin. Code § 1000-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means Delaware Department of Safety and Homeland Security.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of Safety and Homeland Security.

History

15 DE Reg. 877 (12/01/11)

8 Del. Admin. Code § 1000-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at 303 Transportation Circle, P.O. Box 818, Dover, DE 19903, by email to DSHS_FOIA@state.de.us, by fax at 302-739-4872; or via online request form, which may be found on the Agency’s home page at http://dshs.delaware.gov .

3.3 FOIA Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 877 (12/01/11)

8 Del. Admin. Code § 1000-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

History

15 DE Reg. 877 (12/01/11)

8 Del. Admin. Code § 1000-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 877 (12/01/11)

Department of Services for Children, Youth and Their Families, Office of the Secretary Department of Services for Children, Youth and Their Families, Office of the Secretary

1100 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1100-1.0 Purpose

History

15 DE Reg. 881 (12/01/11)

8 Del. Admin. Code § 1100-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means Department of Services for Children, Youth and Their Families.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of the Department of Services for Children, Youth and Their Families.

History

15 DE Reg. 881 (12/01/11)

8 Del. Admin. Code § 1100-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at 1825 Faulkland Road, Wilmington, DE, 19805, Attn: FOIA Request; by email to info.DSCYF@state.de.us; by fax at 302-995-8290; or via online request form, which may be found on the Agency’s home page at www.kids.delaware.gov.

3.3 FOI A Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 881 (12/01/11)

8 Del. Admin. Code § 1100-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

4.6 Waiver of Fees Pursuant to Prior Policy

4.6.1 Notwithstanding anything herein to the contrary, if any executive branch agency subject to this policy had a FOIA policy in effect as of October 20, 2011, and such policy included a waiver of any copying or administrative fees (i.e., for non-profit organizations or members of the media), then such agency shall have the right (but not the obligation) to continue such waiver of fees.

4.7 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Agency in preparing the requested records. The Agency shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

15 DE Reg. 881 (12/01/11)

8 Del. Admin. Code § 1100-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 881 (12/01/11)

8 Del. Admin. Code § 1100-6.0 Agency-Specific Provisions

Client-specific information cannot be shared, unless it meets criteria described in Department policy #205, which can be found online at

http://www.kids.delaware.gov/pdfs/pol_dsc205_ConfidentialityClientRecord_v2.pdf

History

15 DE Reg. 881 (12/01/11)

Department of State Department of State

Office of the Secretary Office of the Secretary

1200 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1200-1.0 Purpose

History

15 DE Reg. 901 (12/01/11)

8 Del. Admin. Code § 1200-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means Delaware Department of State.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of State.

History

15 DE Reg. 901 (12/01/11)

8 Del. Admin. Code § 1200-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator, Delaware Department of State, 401 Federal Street, Suite 3, Townsend Building, Dover, DE 19901; by fax at (302) 739-3811; by online request form at www.sos.delaware.gov; or by email to the FOIA Coordinator email address listed at www.sos.delaware.gov.

3.3 FOIA Coordinator

3.3.3 In addition to the foregoing responsibilities, beginning on January 1, 2012, the FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party’s contact information; the date the Agency received the Request; the Agency’s response deadline pursuant to §3.4; the date of the Agency’s response pursuant to §3.4 (including the reasons for any extension pursuant to §3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to §§3.3.2, 3.5 and 3.6; the dates of review by the Agency pursuant to §3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 901 (12/01/11)

8 Del. Admin. Code § 1200-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 901 (12/01/11)

8 Del. Admin. Code § 1200-6.0 Agency-Specific Provisions

6.1 Fees set by statute: Notwithstanding Section 4.0 of this Policy, all fees or charges for photocopies, administrative fees, microfilm and microfiche printouts and/or electronically generated records for the Delaware Division of Corporations and the Office of the Secretary of State shall be subject to the statutory fees set forth in the following sections of the Delaware Code:

6.1.1 6 Del.C. §9-525 (Uniform Commercial Code);

6.1.2 6 Del.C. §15-1207 (Delaware Revised Uniform Partnership Act);

6.1.3 6 Del.C. §17-1107 (Delaware Revised Uniform Limited Partnership Act);

6.1.4 6 Del.C. §18-1105 (Limited Liability Company Act);

6.1.5 8 Del.C. §391 (Delaware General Corporation Law);

6.1.6 12 Del.C. §3813 (Treatment of Delaware Statutory Trusts);

6.1.7 29 Del.C. §§2315 and 2318 (Secretary of State fees);

6.1.8 29 Del.C. §4307 (Notaries Public); and

6.1.9 any other such fees as set forth in Delaware Code relating to the Division of Corporations and the Office of the Secretary of State.

6.2 Fees for archival and historical materials: Special handling of archival and/or historical materials may require the assessment of fees in excess of those listed in Section 4.0 of this policy. Such fees shall be posted online and may include but are not limited to: fees associated with outsourcing; fees associated with copying of certain bound materials; and fees for the copying or duplication of photographic, video, audio or other special holdings of the Delaware Public Archives and Division of Historical and Cultural Affairs. Unless otherwise noted at www.archives.delaware.gov or www.history.delaware.gov all requests for copies under this policy shall adhere to the fees set forth in Section 4.0 of this policy.

History

15 DE Reg. 901 (12/01/11)

Office of the State Banking Commissioner Office of the State Banking Commissioner

1201 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1201 Policies and Procedures Regarding FOIA Requests

Effective date: October 11, 2020

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-1.0 Purpose

The purpose of this regulation is to set forth the rules and procedures for responding to requests from the public for Public Records under Chapter 100 of the Delaware Code, the Freedom of Information Act.

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-2.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means Office of the State Bank Commissioner.

“Commissioner” means the State Bank Commissioner for the State of Delaware.

“FOIA” means the Freedom of Information Act as established pursuant to Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Commissioner to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to 29 Del.C. §10003 and in accordance with this regulation.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in subsection 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Agency in person, by email, by fax, or online in accordance with this regulation. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with this regulation shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Agency’s website, or from the office or website of any state agency.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at the Office of the State Bank Commissioner; 1110 Forrest Avenue, Dover, Delaware 19904; by email to the Agency through the contact link on its website; by fax at 302-739-3609; or via the online request form on the Agency’s home page at http://www.banking.delaware.gov/.

3.3 FOIA Coordinator

3.3.1 The Commissioner shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Agency’s responses thereto. The FOIA Coordinator shall be identified on the Agency's website. The FOIA Coordinator may designate other Agency employees to perform specific duties and functions hereunder.

3.3.3 In addition to the foregoing responsibilities, beginning on January 1, 2012, the FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party’s contact information; the date the Agency received the Request; the Agency’s response deadline pursuant to subsection 3.4; the date of the Agency’s response pursuant to subsection 3.4 (including the reasons for any extension pursuant to subsection 3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to subsections 3.3.2, 3.5 and 3.6; the dates of review by the Agency pursuant to subsection 3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Agency Response to Requests

3.4.1 The Agency shall respond to a FOIA Request as soon as possible, but in any event within fifteen (15) business days after its receipt, either by providing access to the requested records; denying access to the records or parts of them; or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within fifteen (15) business days, the Agency shall cite one of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Agency but that are either not within its possession or cannot otherwise be fulfilled by the Agency with reasonable effort from records it possesses (collectively, the “Non-Custodial Records”), then the Agency shall promptly request that the relevant public body provide the Non-Custodial Records to the Agency. Prior to disclosure, records may be reviewed in accordance with subsection 3.7 of this regulation by the Agency, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Agency.

3.7 Review by Agency

3.7.1 Prior to disclosure, records may be reviewed by the Agency to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing in this regulation shall prohibit the Agency from disclosing or permitting access to Public Records if the Agency determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation: (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Agency’s legal review of whether any portion of the requested records is exempt from FOIA. The Agency shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Agency shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed under this regulation.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records under this regulation.

4.6 Waiver of Fees Pursuant to Prior Policy

Omitted

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-5.0 Applicability

To the extent any provision in this regulation conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-6.0 Agency-Specific Provisions

6.1 Documents which the Commissioner and any of the employees who work for the Commissioner are bound to keep confidential and are prohibited from disclosing pursuant to 5 Del.C. §125 are not public records for FOIA purposes and are not subject to inspection or disclosure under FOIA.

6.2 Documents constituting “confidential supervisory information” as defined by 5 Del.C. §145 are not public records for FOIA purposes and are not subject to inspection or disclosure under FOIA.

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

8 Del. Admin. Code § 1201-7.0 Effective Date

This regulation shall become effective on January 11, 2012.

History

24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
24 DE Reg. 400 (10/01/20)
4 DE Reg. 487 (11/01/10)
15 DE Reg. 1056 (01/01/12)
24 DE Reg. 400 (10/01/20)

Public Service Commission Public Service Commission

1202 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1202-1.0 Purpose

Commission employees are reminded that all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Commission and comply with the policy that the public shall have reasonable access to Public Records.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

8 Del. Admin. Code § 1202-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Affected Party” means any party who has submitted Third Party Confidential Records.

“Commission” means the Public Service Commission of Delaware.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Secretary to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code, and in accordance with this policy.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

“Secretary” means the Secretary of State.

“Third Party Confidential Records” are records submitted to the Commission by a third party under a claim of confidentiality pursuant to the Commission’s Rules of Practice and Procedure, 26 DE Admin. Code §1001. Records will not be considered Third Party Confidential Records for purpose of this policy if the records were not identified and submitted as confidential in accordance with the Commission’s Rules of Practice and Procedure, 26 DE Admin. Code §1001.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

8 Del. Admin. Code § 1202-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to either the Commission or the FOIA Coordinator in accordance with the provisions of this policy. FOIA Requests may be submitted in person, by email, by fax, or online using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with this policy shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Commission's website or from the office or website of any state agency.

3.1.2 All requests shall adequately describe the records sought in sufficient detail to enable the Commission to locate such records with reasonable effort. The Requesting Party shall be as specific as possible when requesting records. To assist the Commission in locating the requested records, the Commission may request the Requesting Party to provide additional information known to the Requesting Party, such as the types of records, dates, parties to correspondence, and subject matter of the requested records.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the Commission, 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware 19904; or to the FOIA Coordinator, Delaware Department of State, Office of the Secretary, 401 Federal Street, Suite 3, Townsend Building, Dover, Delaware 19901; by fax at (302) 739-4849 or (302) 739-3811; by online request form, which may be found on the Commission’s home page at http://depsc.delaware.gov/default.shtml; or by email to the FOIA Coordinator email address listed at www.sos.delaware.gov.

3.3 FOIA Coordinator

3.3.1 The Secretary shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Commission’s responses. The FOIA Coordinator shall be identified on the Commission's website. The FOIA Coordinator may designate other Commission employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator or his or her designee, working in cooperation with other Commission employees and representatives, shall make every reasonable effort to assist the Requesting Party in identifying the records being sought and to assist the Commission in locating and providing the requested records. The FOIA Coordinator or his or her designee will also work to foster cooperation between the Commission and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another agency, the FOIA Coordinator shall promptly forward such request to the relevant agency and promptly notify the Requesting Party that the request has been forwarded. The Commission may close the initial request upon receipt of a written confirmation from the FOIA Coordinator of the relevant agency that the relevant agency has received such request. The Commission shall provide the Requesting Party with the name and phone number of the FOIA Coordinator of the relevant agency.

3.3.3 In addition to the foregoing responsibilities, the FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: The Requesting Party’s contact information; the date the Commission received the Request; the Commission’s response deadline pursuant to §3.4; the date of the Commission’s response pursuant to §3.4 (including the reasons for any extension pursuant to §3.4.1); the names, contact information, and dates of correspondence with individuals contacted in connection with requests pursuant to §§3.3.2, 3.5 and 3.6; the dates of review by the Commission pursuant to §3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and administrative fees assessed; and the date of final disposition.

3.4 Agency Response to Requests

3.4.1 The Commission shall respond to a FOIA Request as soon as possible, but in any event within fifteen (15) business days after receiving such request, either by providing access to the requested records; denying access to the records or parts of them; or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within fifteen (15) business days, the Commission shall cite one of the reasons why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

3.4.2 If the Commission denies a request in whole or in part, the Commission’s response shall indicate the reasons for the denial. The Commission shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

3.5 Requests for Email

3.5.1 Requests for email records shall be fulfilled by the Commission from its own records, if doing so can be accomplished by the Commission with reasonable effort. If the Commission determines that it cannot fulfill all or any portion of such request, the Commission shall promptly request that the Department of Technology and Information (“DTI”) provide the email records to the Commission. Upon receipt from DTI, the Commission may review the email records in accordance with §3.7.

3.5.2 Before requesting DTI to provide email records, the Commission shall provide a written cost estimate from DTI to the Requesting Party, listing all charges expected to be incurred by DTI in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel, or modify the request.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Commission but that are either not within its possession or cannot otherwise be fulfilled by the Commission with reasonable effort from records it possesses (collectively, the “Non-Custodial Records”), then the Commission shall promptly request that the relevant public body provide the Non-Custodial Records to the Commission. Prior to disclosure, records may be reviewed in accordance with §3.7 by the Commission, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Commission.

3.6.2 Before requesting any Non-Custodial Records, the Commission shall provide a written cost estimate to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel, or modify the request.

3.7 Review by Commission

3.7.1 Prior to disclosure, records may be reviewed by the Commission to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(l) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(l) or any other applicable provision of law. Nothing herein shall prohibit the Commission from disclosing or permitting access to Public Records if the Commission determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review

3.8.1 The Commission shall provide reasonable access for reviewing Public Records during its regular business hours.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

8 Del. Admin. Code § 1202-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.2.1.1 identifying records;

4.2.1.2 monitoring file reviews; and

4.2.1.3 generating computer records (electronic or print-outs).

Administrative fees shall not include any cost associated with the Commission’s legal review of whether any portion of the requested records is exempt from FOIA. The Commission shall make every effort to ensure that administrative fees are minimized and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Commission shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.2.2 Prior to fulfilling any request that would require a Requesting Party to incur administrative fees, the Commission shall provide a written cost estimate of such fees to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel, or modify the request.

4.2.4 When multiple FOIA Requests are submitted by or on behalf of a Requesting Party in an effort to avoid incurring administrative charges, the Commission in its discretion may aggregate staff time for all such requests when computing fees hereunder.

4.3 Microfilm and/or Microfiche Printouts: The first 20 pages of standard sized, black and white material copied from microfilm or microfiche shall be provided free of charge. The charge for microfilm or microfiche printouts over and above 20 shall be $0.15 per sheet.

4.4 Electronically Generated Records: Charges for copying records maintained in an electronic format will be calculated by the material costs involved in generating the copies (including, but not limited to, DVD, CD, or other electronic storage costs) and administrative costs.

4.5 Payment

4.5.1 The Commission may require all fees to be paid prior to performing any service under this policy.

4.5.2 The Commission may require pre-payment of all fees prior to fulfilling any request for records under this policy.

4.6 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Commission in preparing the requested records. The Commission shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

8 Del. Admin. Code § 1202-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

8 Del. Admin. Code § 1202-6.0 Agency-Specific Provisions.

6.1 Fees for archival and historical materials: Special handling of archival and/or historical materials may require the assessment of fees in excess of those listed in Section 4.0 of this policy. Such fees shall be posted online and may include, but are not limited to: fees associated with outsourcing; fees associated with copying of certain bound materials; and fees for the copying or duplication of photographic, video, audio or other special holdings of the Delaware Public Archives and Division of Historical and Cultural Affairs. Unless otherwise noted at www.archives.delaware.gov or www.history.delaware.gov, all requests for copies under this policy shall adhere to the fees set forth in Section 4.0 of this policy.

6.2 Records identified as non-public pursuant to 29 Del.C. §10002(l) shall not be produced in response to a FOIA Request. In addition, the following procedures shall apply to requests seeking records that the Commission believes are non-public because they are Third Party Confidential Records:

6.2.1 Upon receipt of a request seeking Third Party Confidential Records, the Commission will notify the Affected Party in writing of the request and identify the party making the request and the Third Party Confidential Records sought.

6.2.2 Within ten (10) days of receipt of the notice required by Rule 6.1.1, the Affected Party shall advise the Commission in writing whether it opposes the disclosure of the Third Party Confidential Records. If the Commission is not so notified, it will produce the Third Party Confidential Records.

6.2.3 If the Affected Party timely objects to the production of the Third Party Confidential Records, the Affected Party shall provide in writing, at the time of notifying the Commission of its objection, information sufficient to justify a claim of confidentiality under FOIA. Such information shall include, but not be limited to, the following:

6.2.3.1 Any measures taken by the Affected Party to guard against disclosure of the Third Party Confidential Records;

6.2.3.2 Whether the Third Party Confidential Records have been intentionally or inadvertently disclosed since their submission to the Commission and any actions or precautions taken in connection with such disclosure; and

6.2.3.3 Whether the disclosure of the Third Party Confidential Records would result in substantial or harmful effects on the Affected Party’s commercial or financial interests, and if so:

6.2.3.3.1 what those harmful effects would be;

6.2.3.3.2 why the effects should be viewed as substantial; and

6.2.3.3.3 how the disclosure would cause such harmful effects.

6.2.4 The Affected Party bears the burden of establishing confidentiality under FOIA. A unilateral assertion that records are confidential or otherwise not subject to a FOIA request is insufficient to support a finding that requested information is in fact non-public.

6.2.5 Within a reasonable time after receiving the Affected Party’s response filed pursuant to 6.1.3, the Commission shall determine whether the Third Party Confidential Documents should be produced pursuant to FOIA despite the Affected Party’s claim of confidentiality. Written notice of the Commission’s decision shall be provided to the party making the FOIA request and the Affected Party.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

8 Del. Admin. Code § 1202-7.0 Effective Date

This policy shall become effective immediately.

History

19 DE Reg. 434 (11/01/15)
19 DE Reg. 434 (11/01/15
14 DE Reg. 584 (12/01/10)
15 DE Reg. 1063 (01/01/12)
19 DE Reg. 434 (11/01/15)

Department of Technology and Information, Office of the Secretary Department of Technology and Information, Office of the Secretary

1300 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1300-1.0 Purpose

History

15 DE Reg. 906 (12/01/11)

8 Del. Admin. Code § 1300-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

"Agency" means the Department of Technology and Information (DTI).

"FOIA" means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

"FOIA Coordinator" shall mean the person designated by the Secretary to receive and process FOIA Requests.

"FOIA Request" or "Request" means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

"FOIA Request Form" means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

"Non-Custodial Records" shall have the meaning set forth in Section 3.6.

"Public Record" shall have the meaning set forth in 29 Del.C. §10002.

"Requesting Party" shall mean the party filing a FOIA Request.

"Secretary" means the Secretary of Technology and Information.

History

15 DE Reg. 906 (12/01/11)

8 Del. Admin. Code § 1300-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Agency in person, by email, by fax, or online in accordance with the provisions hereunder. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Agency's website, or from the office or website of any state agency.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made to the FOIA Coordinator by email to DTI_FOIA@state.de.us; by fax at (302) 677-7040; via online FOIA Request Form, which may be found on DTI's website at http://dti.delaware.gov; or by mail or in person at the following address:

State of Delaware

Department of Technology and Information

William Penn Building

801 Silver Lake Blvd.

Dover, DE 19904

Attention: FOIA Coordinator

3.3 FOIA Coordinator

3.3.1 The Secretary shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Agency's responses thereto. The FOIA Coordinator shall be identified on the Agency's website. The FOIA Coordinator may designate other Agency employees to perform specific duties and functions hereunder.

3.3.3 In addition to the foregoing responsibilities, the FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party's contact information; the date the Agency received the Request; the Agency's response deadline pursuant to §3.4; the date of the Agency's response pursuant to §3.4 (including the reasons for any extension pursuant to §3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to §§3.3.2, 3.5 and 3.6; the dates of review by the Agency pursuant to §3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Agency Response to Requests

3.5 Requests for Email

3.5.1 Before providing any email records hereunder, DTI shall provide a written cost estimate to the agency requesting such records (or the Requesting Party, as the case may be), which shall set forth all charges expected to be incurred by DTI in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Agency but that are either not within its possession or cannot otherwise be fulfilled by the Agency with reasonable effort from records it possesses (collectively, the "Non-Custodial Records"), then the Agency shall promptly request that the relevant public body provide the Non-Custodial Records to the Agency. Prior to disclosure, records may be reviewed in accordance with §3.7 hereunder by the Agency, the public body fulfilling the request, or both. Without limitation, Non-Custodial Records shall include budget data relating to the Agency.

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 906 (12/01/11)

8 Del. Admin. Code § 1300-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.1.1.3 Color Copies/Printouts: An additional charge of $1.00 per sheet will be assessed for all color copies or printouts for standard sized copies (8.5" x 11"; 8.5" x 14"; and 11" x 17"), and $1.50 per sheet for larger copies.

4.2 Administrative Fees

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Agency's legal review of whether any portion of the requested records is exempt from FOIA. The Agency shall make every effort to ensure that administrative fees are minimized, and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Agency shall minimize the use of non-administrative personnel in processing FOIA Requests, to the extent possible.

4.5 Payment

4.5.1 The Agency requires all fees to be paid prior to any service being performed.

4.6 Appointment Rescheduling or Cancellation

4.6.1 Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Agency in preparing the requested records. The Agency shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

History

15 DE Reg. 906 (12/01/11)

8 Del. Admin. Code § 1300-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 906 (12/01/11)

Executive Department Executive Department

Delaware Economic Development Office Delaware Economic Development Office

1500 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1500-1.0 Purpose

History

15 DE Reg. 920 (12/01/11)

8 Del. Admin. Code § 1500-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Agency” means the Delaware Economic Development Office (“DEDO”).

“Director” means the Director of DEDO.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Director to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

History

15 DE Reg. 920 (12/01/11)

8 Del. Admin. Code § 1500-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at The Delaware Economic Development Office, 99 Kings Highway, Dover, DE 1990, by email to DEDO_FOIA@state.de.us; by fax at (302) 739-5749; or via online request form, which may be found on the Agency’s home page at http://dedo.delaware.gov.

3.3 FOIA Coordinator

3.4 Agency Response to Requests

3.5 Requests for Email

3.6 Requests for Other Non-Custodial Records

3.7 Review by Agency

3.8 Hours of Review

3.8.1 The Agency shall provide reasonable access for reviewing Public Records during regular business hours.

History

15 DE Reg. 920 (12/01/11)

8 Del. Admin. Code § 1500-4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.5 Payment

4.5.1 The Agency may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Agency may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

4.6 Waiver of Fees Pursuant to Prior Policy

History

15 DE Reg. 920 (12/01/11)

8 Del. Admin. Code § 1500-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

History

15 DE Reg. 920 (12/01/11)

8 Del. Admin. Code § 1500-6.0 Requests for Confidentiality

6.1 A person or entity may request that certain documents or portions of documents submitted to the Agency be held confidential. Certain information may be determined to be confidential if its disclosure could potentially cause substantial harm to the competitive position of the person or entity from whom the information was obtained, and such information is the type of information that the person or entity does not customarily disclose to the public.

6.2 The following section sets forth procedures and criteria by which the Agency will determine the confidentiality of documents or portions of documents within its custody.

6.2.1 Procedure.

6.2.1.1 All requests by persons or entities that certain information provided to the Agency be determined to be confidential shall be made in writing to the Secretary and signed by an officer or other such authorized party to make the request.

6.2.1.2 All such requests should be submitted with a public version of the entire package of information that is submitted for determination, with the alleged confidential information redacted. (This version will be made available for public review.) The public version shall correspond page for page with the confidential version, with the confidential portions having been redacted. A confidential version of the entire package of information should also be submitted for determination which includes the alleged confidential information. This version will be marked in the Agency file as confidential and will be used for Agency review only.

6.2.1.3 All such requests should identify the information sought to be protected, and the basis upon which it would be considered to be “[t]rade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature” pursuant to 29 Del.C. §10002(g)(2).

6.2.1.4 All such requests should contain the following information, where applicable:

6.2.1.4.1 The extent to which such information has been disclosed to others, including, but not limited to, banks, financial institutions, or other entities, and the precautions taken in connection therewith.

6.2.1.4.2 The extent to which such information is reasonably obtainable by other persons (other than governmental bodies) by use of legitimate means (other than court enforced order) without prior consent;

6.2.1.4.3 The extent to which the release of such information would result in substantial harmful effects upon the requesting party’s financial or competitive position; and

6.2.1.4.4 The extent to which the release of such information is barred by statute or law.

6.3 Determination by Director: The Director will make a determination as to whether the information shall be considered public or confidential based upon a review of the submission pursuant to this section, and make findings consistent with 29 Del.C. Ch. 100.

6.4 If the Director makes a determination that certain information is entitled to confidential treatment, and the Agency is sued by a requestor for disclosure of that information, the Agency shall defend such determination of confidentiality, but expect the affected party to cooperate to the fullest extent possible in such defense.

History

15 DE Reg. 920 (12/01/11)

Office of Management and Budget Office of Management and Budget

1501 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1501-1.0 Purpose

Office employees are reminded all Public Records requested under FOIA shall be considered open and subject to disclosure to the Requesting Party, and any information therein may be withheld only if a specific exception applies. Exceptions shall be construed in a manner that shall further the accountability of the Office and comply with the policy that the public shall have reasonable access to Public Records.

8 Del. Admin. Code § 1501-2.0 Definitions

The following words and terms, when used in this policy, shall have the following meaning unless the context clearly indicates otherwise:

“Director” means the Director of the Office of Management and Budget.

“FOIA” means the Freedom of Information Act as established pursuant to Title 29, Chapter 100 of the Delaware Code.

“FOIA Coordinator” shall mean the person designated by the Director to receive and process FOIA Requests.

“FOIA Request” or “Request” means a request to inspect or copy Public Records pursuant to Chapter 29, Section 10003 of the Delaware Code and in accordance with the policy hereunder.

“FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.

“Non-Custodial Records” shall have the meaning set forth in Section 3.6.

“Office” means the Office of Management and Budget.

“Public Record” shall have the meaning set forth in 29 Del.C. §10002.

“Requesting Party” shall mean the party filing a FOIA Request.

8 Del. Admin. Code § 1501-3.0 Records Request, Response Procedures and Access

3.1 Form of Request

3.1.1 All FOIA Requests shall be made in writing to the Office in person, by email, by fax, or online in accordance with the provisions hereunder. FOIA Requests may be submitted using the FOIA Request Form promulgated by the Office of the Attorney General; provided, however, that any FOIA Request that otherwise conforms with the policy hereunder shall not be denied solely because the request is not on the promulgated form. Copies of the FOIA Request Form may be obtained from the Office’s website or from the office or website of any state agency.

3.1.2 All requests shall adequately describe the records sought in sufficient detail to enable the Office to locate such records with reasonable effort. The Requesting Party shall be as specific as possible when requesting records. To assist the Office in locating the requested records, the Office may request the Requesting Party provide additional information known to the Requesting Party, such the types of records, dates, parties to correspondence and subject matter of the requested records.

3.2 Method of Filing Request

3.2.1 FOIA Requests may be made by mail or in person to the FOIA Coordinator at:

FOIA Coordinator

Office of Management and Budget

Office of the Director

122 William Penn St.

Dover, DE 19901

by email to omb_foia@state.de.us; by fax at (302) 739-5661; or via online request form, which may be found on the Office’s home page at www.omb.delaware.gov.

3.3 FOIA Coordinator

3.3.1 The Director shall designate a FOIA Coordinator, who shall serve as the point of contact for FOIA Requests and coordinate the Office’s responses thereto. The FOIA Coordinator shall be identified on the Office's website. The FOIA Coordinator may designate other Office employees to perform specific duties and functions hereunder.

3.3.2 The FOIA Coordinator and/or his or her designee, working in cooperation with other Office employees and representatives, shall make every reasonable effort to assist the Requesting Party in identifying the records being sought and assist the Office in locating and providing the requested records. The FOIA Coordinator and/or his or her designee will also work to foster cooperation between the Office and the Requesting Party. Without limitation, if a Requesting Party initiates a FOIA Request that would more appropriately be directed to another agency, the FOIA Coordinator shall promptly forward such request to the relevant agency and promptly notify the Requesting Party the request has been forwarded. The Office may close the initial request upon receipt of a written confirmation from the FOIA Coordinator of the relevant agency that the relevant agency has received such request. The Office shall provide the Requesting Party with the name and phone number of the FOIA Coordinator of the relevant agency.

3.3.3 In addition to the foregoing responsibilities, beginning on January 1, 2012, the FOIA Coordinator shall maintain a document tracking all FOIA Requests for the then-current calendar year. For each FOIA Request, the document shall include, at a minimum: the Requesting Party’s contact information; the date the Office received the Request; the Office’s response deadline pursuant to §3.4; the date of the Office’s response pursuant to §3.4 (including the reasons for any extension pursuant to §3.4.1); the names, contact information and dates of correspondence with individuals contacted in connection with requests pursuant to §§3.3.2, 3.5 and 3.6; the dates of review by the Office pursuant to §3.7 and the names of individuals who conducted such reviews; whether documents were made available; the amount of copying and/or administrative fees assessed; and the date of final disposition.

3.4 Office Response to Requests

3.4.1 The Office shall respond to a FOIA Request as soon as possible, but in any event within fifteen (15) business days after the receipt thereof, either by providing access to the requested records; denying access to the records or parts of them; or by advising additional time is needed because the request is for voluminous records, requires legal advice or a record is in storage or archived. If access cannot be provided within fifteen (15) business days, the Office shall cite one of the reasons hereunder why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

3.4.2 If the Office denies a request in whole or in part, the Office’s response shall indicate the reasons for the denial. The Office shall not be required to provide an index, or any other compilation, as to each record or part of a record denied.

3.5 Requests for Email

3.5.1 Requests for email records shall be fulfilled by the Office from its own records, if doing so can be accomplished by the Office with reasonable effort. If the Office determines it cannot fulfill all or any portion of such request, the Office shall promptly request the Department of Technology and Information (“DTI”) provide the email records to the Office. Upon receipt from DTI, the Office may review the email records in accordance with §3.7 hereunder.

3.5.2 Before requesting DTI to provide email records, the Office shall provide a written cost estimate from DTI to the Requesting Party, listing all charges expected to be incurred by DTI in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.6 Requests for Other Non-Custodial Records

3.6.1 If all or any portion of a FOIA Request seeks records controlled by the Office but that are either not within its possession or cannot otherwise be fulfilled by the Office with reasonable effort from records it possesses (collectively, the “Non-Custodial Records”), then the Office shall promptly request the relevant public body provide the Non-Custodial Records to the Office. Prior to disclosure, records may be reviewed in accordance with §3.7 hereunder by the Office, the public body fulfilling the request or both. Without limitation, Non-Custodial Records shall include budget data relating to the Office.

3.6.2 Before requesting any Non-Custodial Records, the Office shall provide a written cost estimate to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

3.7 Review by Office

3.7.1 Prior to disclosure, records may be reviewed by the Office to ensure those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing herein shall prohibit the Office from disclosing or permitting access to Public Records if the Office determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.

3.8 Hours of Review

3.8.1 The Office shall provide reasonable access for reviewing Public Records during regular business hours.

4.0 Fees

4.1 Photocopying Fees

4.1.1 In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:

4.1.1.2 Oversized Copies/Printouts: The charge for copying oversized Public Records shall be as follows:

4.2 Administrative Fees

4.2.1 Administrative fees shall be levied for requests requiring more than one hour of staff time to process. Charges for administrative fees may include staff time associated with processing FOIA Requests, including, without limitation, (a) identifying records; (b) monitoring file reviews; and (c) generating computer records (electronic or print-outs). Administrative fees shall not include any cost associated with the Office’s legal review of whether any portion of the requested records is exempt from FOIA. The Office shall make every effort to ensure administrative fees are minimized and may only assess such charges as shall be reasonably required to process FOIA Requests. In connection therewith, the Office shall minimize the use of non-administrative personnel in processing FOIA Requests to the extent possible.

4.2.2 Prior to fulfilling any request that would require a Requesting Party to incur administrative fees, the Office shall provide a written cost estimate of such fees to the Requesting Party, listing all charges expected to be incurred in retrieving such records. Upon receipt of the estimate, the Requesting Party may decide whether to proceed with, cancel or modify the request.

4.2.4 When multiple FOIA Requests are submitted by or on behalf of a Requesting Party in an effort to avoid incurring administrative charges, the Office may in its discretion aggregate staff time for all such requests when computing fees hereunder.

4.4 Electronically Generated Records: Charges for copying records maintained in an electronic format will be calculated by the material costs involved in generating the copies (including but not limited to DVD, CD or other electronic storage costs) and administrative costs.

4.5 Payment

4.5.1 The Office may require all fees to be paid prior to any service being performed hereunder.

4.5.2 The Office may require pre-payment of all fees prior to fulfillment of any request for records hereunder.

4.6 Appointment Rescheduling or Cancellation: Requesting Parties who do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the charges incurred by the Office in preparing the requested records. The Office shall prepare an itemized invoice of these charges and provide the same to the Requesting Party for payment.

8 Del. Admin. Code § 1501-5.0 Applicability

To the extent any provision in this policy conflicts with any other law or regulation, such law or regulation shall control, and the conflicting provision herein is expressly superseded.

14 DE Reg. 57 (07/01/10)

15 DE Reg. 925 (12/01/11)

8 Del. Admin. Code — Public Information (FOIA)

Delaware National Guard, Office of the Director Delaware National Guard, Office of the Director

100 Policies and Procedures Regarding State FOIA Requests

8 Del. Admin. Code § 100-1.0 Purpose

8 Del. Admin. Code § 100-2.0 Definitions

8 Del. Admin. Code § 100-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 100-4.0 Fees

8 Del. Admin. Code § 100-5.0 Applicability

8 Del. Admin. Code § 100-6.0 Agency Specific Requirement

Delaware State Housing Authority, Office of the Director Delaware State Housing Authority, Office of the Director

200 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 200-1.0 Purpose

8 Del. Admin. Code § 200-2.0 Definitions

8 Del. Admin. Code § 200-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 200-4.0 Fees

8 Del. Admin. Code § 200-5.0 Applicability

8 Del. Admin. Code § 200-6.0 Agency-Specific Provisions

Department of Agriculture, Office of the Director Department of Agriculture, Office of the Director

300 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 300-1.0 Purpose

8 Del. Admin. Code § 300-2.0 Definitions

8 Del. Admin. Code § 300-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 300-4.0 Fees

8 Del. Admin. Code § 300-5.0 Applicability

Department of Education Department of Education

Office of the Secretary Office of the Secretary

400 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 400-1.0 Purpose

8 Del. Admin. Code § 400-2.0 Definitions

8 Del. Admin. Code § 400-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 400-4.0 Fees

8 Del. Admin. Code § 400-5.0 Applicability

Professional Standards Board Professional Standards Board

401 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 401-1.0 Purpose

8 Del. Admin. Code § 401-2.0 Definitions

8 Del. Admin. Code § 401-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 401-4.0 Fees

8 Del. Admin. Code § 401-5.0 Applicability

Department of Elections Department of Elections

Kent County Kent County

1602 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1602-1.0 Purpose

8 Del. Admin. Code § 1602-2.0 Definitions

8 Del. Admin. Code § 1602-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 1602-4.0 Fees

8 Del. Admin. Code § 1602-5.0 Applicability

New Castle County New Castle County

1601 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 1601-1.0 Purpose

8 Del. Admin. Code § 1601-2.0 Definitions

8 Del. Admin. Code § 1601-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 1601-4.0 Fees

8 Del. Admin. Code § 1601-5.0 Applicability

Department of Finance, Office of the Secretary Department of Finance, Office of the Secretary

500 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 500-1.0 Purpose

8 Del. Admin. Code § 500-2.0 Definitions

8 Del. Admin. Code § 500-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 500-4.0 Fees

8 Del. Admin. Code § 500-5.0 Applicability

8 Del. Admin. Code § 500-6.0 Agency-Specific Provisions

Department of Health and Social Services, Office of the Secretary Department of Health and Social Services, Office of the Secretary

600 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 600-1.0 Purpose

8 Del. Admin. Code § 600-2.0 Definitions

8 Del. Admin. Code § 600-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 600-4.0 Fees

8 Del. Admin. Code § 600-5.0 Applicability

Department of Insurance, Office of the Commissioner Department of Insurance, Office of the Commissioner

700 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 700-1.0 Purpose

8 Del. Admin. Code § 700-2.0 Definitions

8 Del. Admin. Code § 700-3.0 Records Request, Response Procedures and Access

8 Del. Admin. Code § 700-4.0 Fees

8 Del. Admin. Code § 700-5.0 Applicability

8 Del. Admin. Code § 700-6.0 Effective Date

Department of Labor, Office of the Secretary Department of Labor, Office of the Secretary

800 Policies and Procedures Regarding FOIA Requests

8 Del. Admin. Code § 800-1.0 Purpose