Delaware Freedom of Information Act Request

DELAWARE FREEDOM OF INFORMATION ACT REQUEST

(29 Del. C. §§ 10001–10008)

PRACTITIONER NOTES

1. The statutory inspection and copying right in § 10003(a) protects Delaware citizens. Confirm the requester's Delaware citizenship and the public body's policy before filing. A public body may voluntarily serve others, but the statute does not grant noncitizens the same access right.
2. A request must be in writing and may be delivered in person, by U.S. mail, email, fax, or online. The Attorney General's standard form may be used but is not mandatory; a conforming request cannot be denied solely because it is not on that form.
3. Describe the records in enough detail for the public body to locate them with reasonable effort. The FOIA coordinator must make reasonable efforts to assist in identifying and locating records.
4. Delaware FOIA concerns existing public records. The Department of Justice explains that it does not require a public body to create a record, retain a record, or answer questions.
5. The public body must respond as soon as possible and no later than fifteen business days after receipt. Within that period it must provide access, deny access, or advise that more time is needed because the request is voluminous, requires legal advice, or concerns a stored or archived record. A delay notice must cite one of those reasons and give a good-faith estimate.
6. A whole or partial denial must state the reasons. The public body is not required to provide a record-by-record index or other compilation of denied material.
7. The current “public record” definition and exclusions are in § 10002(o), not § 10002(l). The exclusions are category-specific; do not rely on a generic federal-FOIA exemption list.
8. Statutory copy fees apply unless another Delaware Code provision or an applicable county or municipal code sets a different structure. Administrative fees apply only when processing requires more than one staff hour, exclude legal exemption review, and require an itemized written estimate before fulfillment.
9. Enforcement deadlines are short. A citizen denied records generally has sixty days to bring suit. For a covered state office or instrumentality that the Attorney General must represent under § 2504, the citizen instead must present a petition and supporting documents to the Chief Deputy within sixty days, then may appeal an adverse decision on the record to Superior Court within sixty days.
10. This is a unilateral request, not a contract. Delete unused bracketed instructions and do not add warranties, indemnities, cure periods, arbitration clauses, or assignment restrictions.

REQUEST LETTER

Date: [DATE]

Method: [PUBLIC BODY PORTAL / EMAIL / MAIL / FAX / HAND DELIVERY]

To:
[FOIA COORDINATOR]
[PUBLIC BODY]
[DEPARTMENT OR DIVISION]
[ADDRESS / EMAIL / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[HOME OR BUSINESS ADDRESS]
[EMAIL]
[TELEPHONE]

Delaware citizenship: ☐ Confirmed
Supporting basis, if requested by the public body: [DETAILS]

Re: Delaware Freedom of Information Act Request — [SUBJECT]

Dear FOIA Coordinator:

Under the Delaware Freedom of Information Act, 29 Del. C. §§ 10001 through 10008, I request inspection and/or copies of the following public records.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, employee, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, parties to correspondence, search terms, or record systems: [DETAILS]

This request seeks existing records and does not ask the public body to create a record or answer questions. If clarification would help identify or locate the records with reasonable effort, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, and Preferred Delivery

I request:

• ☐ inspection during regular business hours;
• ☐ electronic copies, preferably in [PDF / NATIVE / CSV / OTHER] format;
• ☐ paper copies; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

If the preferred form is unavailable, please identify the form the public body can provide before incurring material cost.

3. Fees

I agree to pay properly assessed fees up to $[AMOUNT]. Please provide the itemized written estimate required by § 10003(m)(2) before fulfilling any request that will incur administrative fees, and obtain my written authorization before exceeding the cap.

Unless a different Delaware Code or applicable county or municipal fee provision controls, please apply § 10003(m):

• the first twenty pages of standard-size black-and-white paper copies are free;
• additional standard-size black-and-white copies are $0.10 per sheet or $0.20 per double-sided sheet;
• administrative fees apply only when processing requires more than one hour of staff time;
• administrative time is billed in quarter-hour increments at the current hourly pay grade of the lowest-paid employee capable of performing the service;
• legal review of whether material is exempt may not be charged; and
• electronically generated copies may include material and administrative costs.

If another fee code or policy controls, please identify it in the estimate. I understand that § 10003(m)(5) permits the public body to require all or part of the fee before performing service.

4. Response and Any Denial

Section 10003(h)(1) requires a response as soon as possible and no later than fifteen business days after receipt. Please provide access within that period, deny access, or state the applicable statutory reason additional time is needed and provide a good-faith estimate.

If the request is denied in whole or part, please state the reasons as required by § 10003(h)(2) and identify the specific exclusion in § 10002(o) or other legal authority relied upon. I understand that the public body is not required to prepare an index or compilation for each denied record or portion.

Under § 10003(k), records may be reviewed before disclosure so that nonpublic records or portions may be removed. Please provide the responsive public material remaining after any lawful removal.

Thank you for your assistance.

Respectfully,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

OPTIONAL OVERDUE FOLLOW-UP

Date: [DATE]

To: [FOIA COORDINATOR / PUBLIC BODY]

Re: Overdue Delaware FOIA Request — [REFERENCE NUMBER / SUBJECT]

The public body received my attached request on [DATE]. The fifteen-business-day response period in 29 Del. C. § 10003(h)(1) expired on [DATE], and I have not received access, a denial, or a delay notice citing a statutory reason and providing a good-faith estimate.

Please provide the required response promptly. I am preserving all rights and deadlines under § 10005.

Respectfully,

__________________________________
[REQUESTER NAME]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Sixty-day clock: Section 10005(b) generally requires a citizen denied public records to bring suit within sixty days of denial. Obtain Delaware counsel promptly rather than waiting for informal negotiations to conclude.
• Covered state entities: If the denial is by a state office, officer, department head, commission, or instrumentality that the Attorney General must represent under § 2504, § 10005(b) requires a petition and supporting documentation to the Chief Deputy within sixty days. An adverse Attorney General decision may be appealed on the record to Superior Court within sixty days of that decision.
• Other public bodies: A citizen may petition the Attorney General under § 10005(e), but the Department of Justice's authority is limited to determining whether a violation occurred or is about to occur; it cannot itself issue an injunction or assess a penalty.
• Attorney General timing: Section 10005(e) generally calls for a written determination within twenty days after receipt of the petition. Follow the current DOJ petition rules because completeness and response procedures affect processing.
• Court remedies: Section 10005(c) places the burden on the records custodian to justify denial. Section 10005(d) authorizes injunction, declaratory judgment, mandamus, or other appropriate relief and permits attorney fees and costs for a successful plaintiff.
• No § 10005(f) civil fine: Current subsection (f) concerns Attorney General approval for covered state entities; it does not create a $100-to-$1,000 civil penalty.
• Current DOJ petition contact: The Delaware Department of Justice Open Government page lists [email protected], fax (302) 577-5866, and Delaware Department of Justice, Attn: FOIA Coordinator, 820 N. French Street, 6th Floor, Wilmington, DE 19801. Confirm the current contact before filing.
• Keep the record: Retain the request, proof of receipt, communications, estimates, payments, productions, denials, and any petition papers.

CURRENT OFFICIAL SOURCES

• Delaware Code Online — Title 29, Chapter 100
• Delaware Department of Justice — Open Government, requests, fees, and petition guidance