DELAWARE FREEDOM OF INFORMATION ACT REQUEST
(29 Del. C. Section 10001 et seq.)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Freedom of Information Act Request Letter
Date: [DATE]
To:
[FOIA COORDINATOR NAME]
[AGENCY NAME]
[OFFICE STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [FOIA OFFICE E-MAIL]
From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]
Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]
Recitals
A. The Requester seeks access to public records pursuant to the Delaware Freedom of Information Act ("FOIA"), 29 Del. C. Section 10001 et seq.
B. The Requester submits this Request to obtain public disclosure of the records described herein.
Effective Date. This Request is effective on the date first written above (the "Effective Date").
Jurisdiction. Issues arising under or relating to this Request shall be governed by FOIA and other applicable Delaware law.
2. DEFINITIONS
For purposes of this Request, capitalized terms have the meanings set forth below:
"FOIA" means the Delaware Freedom of Information Act, 29 Del. C. Section 10001 et seq., as amended.
"Agency" means [AGENCY NAME], including all component offices, bureaus, divisions, and subordinate units that maintain possession or control of the requested Records.
"Business Day" means any day other than Saturday, Sunday, or a state legal holiday.
"Records" includes public records as defined by 29 Del. C. Section 10002.
"Requester" means the individual or entity identified in Section 1 as the submitting party.
3. OPERATIVE PROVISIONS
3.1 Request for Specific Records.
The Requester hereby requests that the Agency conduct a reasonable search and promptly disclose the following Records:
(a) [DETAILED, ITEM-BY-ITEM DESCRIPTION OF EACH RECORD REQUESTED, WITH DATE RANGES, KEYWORDS, FILE TYPES, ETC.];
(b) Any indices, inventories, guides, or record-keeping systems that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.
3.2 Scope of Search.
a. Timeframe. Search all Records dated or created from [START DATE] through [END DATE].
b. Locations. Search all paper and electronic record systems reasonably likely to contain responsive Records.
3.3 Preferred Format of Production.
Produce all responsive, non-exempt Records electronically in native format, unless producing such format would impose an undue burden.
3.4 Fees & Limitation.
Requester agrees to pay reasonable fees as permitted by 29 Del. C. Section 10003, up to US $[CAP AMOUNT]. If estimated fees exceed this cap, the Agency shall provide an itemized written estimate and obtain written authorization before proceeding.
3.5 Response Time.
Under 29 Del. C. Section 10003(g), the agency must respond within 15 business days of receipt of the request.
3.6 Exemptions & Segregability.
If the Agency withholds any portion of a Record based on an exemption under 29 Del. C. Section 10002(l), it shall:
a. Identify each applicable exemption provision;
b. Provide a reasonably specific explanation of how the exemption applies;
c. Release all reasonably segregable non-exempt portions.
3.7 Preservation of Records.
The Agency shall take all reasonable steps to prevent the loss, removal, or destruction of any potentially responsive Records.
3.8 Method of Delivery.
Deliver all productions electronically to [E-MAIL OR FTP DETAILS] or on physical media.
4. REPRESENTATIONS & WARRANTIES
4.1 Identity. Requester represents that the contact information provided herein is accurate and complete.
4.2 Purpose. Requester warrants that the information requested is sought for lawful purposes consistent with FOIA.
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant. Subject to the Fee Limitation in Section 3.4, Requester agrees to remit payment of properly assessed fees within thirty (30) calendar days of invoice.
5.2 Clarification Obligation. Requester shall promptly respond to reasonable Agency inquiries necessary to clarify the Request.
6. DEFAULT & REMEDIES
6.1 Agency Default. Each of the following constitutes an "Agency Default":
a. Failure to respond within 15 business days as required by 29 Del. C. Section 10003(g);
b. Unlawful withholding of Records.
6.2 Administrative Appeal. Under 29 Del. C. Section 10005, Requester may file a petition with the Attorney General or pursue a civil action.
6.3 Judicial Enforcement. Requester may file a civil action in Superior Court seeking injunctive relief.
6.4 Attorneys' Fees & Costs. The court may award reasonable attorneys' fees to a prevailing requester.
7. RISK ALLOCATION
7.1 Fees (Processing Only). The sole monetary exposure assumed by Requester is the payment of statutorily-authorized fees.
7.2 No Indemnification. Neither party provides indemnity to the other.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Request and any dispute hereunder shall be governed by FOIA and Delaware law.
8.2 Forum Selection. Appeals may be made to the Attorney General or Superior Court.
8.3 Arbitration. Arbitration is not available for FOIA disputes.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Request must be in writing and signed by Requester.
9.2 Severability. If any provision of this Request is held invalid, the remainder shall remain in full force.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Requester hereby executes this Freedom of Information Act Request as of the Effective Date.
__________________________________
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Organization: [ORGANIZATION (if any)]
Date: [DATE]
[// GUIDANCE: For Delaware FOIA requests, the agency must respond within 15 business days. Appeals from denials may be made to the Attorney General or directly to Superior Court under 29 Del. C. Section 10005.]