Maine Freedom of Access Act Request

MAINE FREEDOM OF ACCESS ACT REQUEST

(1 M.R.S. § 400 et seq.)

PRACTITIONER NOTES

1. A request need not be made in person or in writing, but a clear written request creates a reliable record for the five-working-day rules and any appeal. A person may inspect or copy any public record within a reasonable time, subject to statutory exceptions. 1 M.R.S. § 408-A.
2. The agency or official must acknowledge the request within five working days after the office responsible for maintaining the record receives a sufficient description. A misdirected request within the same agency must be forwarded without willful delay; the requester must be notified, and the receiving office has its own five-working-day acknowledgment period. § 408-A(3).
3. Within a reasonable time, the agency must provide good-faith, nonbinding estimates of the compliance timeframe and total cost and must make a good-faith effort to respond within the estimated timeframe. § 408-A(3), (9).
4. A refusal or denial requires written notice within five working days stating the reason or the expectation of a full or partial denial after review. The notice must cite the statutory authority. Failure to comply is appealable. § 408-A(4).
5. A body, agency, or official may deny an unduly burdensome or oppressive request only by following § 408-A(4-A), which requires a Superior Court protection action, a prefiling notice, cost-and-time information, and efforts to discuss scope modifications.
6. For an electronically stored public record, the requester may choose a printout or the medium in which the record is stored, unless the agency cannot separate or prevent disclosure of confidential information associated with the computer file. Conversion costs may apply, and the agency need not provide terminal access or create a nonexistent record. § 408-A(6)-(7).
7. Standard black-and-white copies are capped at $0.10 per page, and no per-page fee applies to electronically provided records. Search, retrieval, compiling, review, and redaction time is free for the first two staff hours and capped at $25 per hour afterward. Other actual conversion, storage-device, and mailing costs may apply. § 408-A(8).
8. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[FREEDOM OF ACCESS OFFICER / RECORD CUSTODIAN]
[AGENCY / PUBLIC OFFICIAL / PUBLIC BODY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Maine Freedom of Access Act Request — [SUBJECT]

Dear Records Custodian:

Under Maine's Freedom of Access Act, 1 M.R.S. § 400 et seq., I request inspection and/or copies of the public records described below.

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, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

This request seeks existing records. If clarification or a scope discussion would help identify the records, reduce cost, or avoid unnecessary burden, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, Format, and Delivery

I request:

• ☐ inspection during reasonable office hours;
• ☐ electronic records in the medium in which they are stored;
• ☐ printed copies of electronically stored records;
• ☐ paper copies;
• ☐ inspection first, with copies selected afterward; or
• ☐ another available method: [METHOD].

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

3. Fees, Estimate, and Waiver

I authorize lawful fees up to $[AMOUNT]. Please provide the good-faith, nonbinding timeframe and total-cost estimates required by § 408-A(3) and (9). If the estimate exceeds $50, please inform me before proceeding as the statute requires, and obtain my written approval before exceeding my stated cap.

Please apply the first two free staff hours, the $25 hourly cap thereafter, the $0.10 standard-copy cap, and the prohibition on per-page fees for electronically provided records.

[OPTIONAL WAIVER REQUEST: Please waive all or part of the fee under § 408-A(11) because ☐ I am indigent; or ☐ release is likely to contribute significantly to public understanding of government operations or activities and is not primarily in my commercial interest. Supporting facts: [DETAILS].]

4. Five-Working-Day Notices and Production

Please acknowledge receipt within five working days and provide the good-faith timeframe and cost estimates within a reasonable time under § 408-A(3).

If any record or portion will be refused or denied, please provide within five working days the written notice required by § 408-A(4), stating the reason or expected full or partial denial and citing the statutory authority.

Please make all nonconfidential portions available. If this office does not maintain a record that the agency maintains elsewhere, please forward the request without willful delay, notify me, and identify the receiving office.

Thank you for your assistance.

Respectfully,

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

POST-SUBMISSION AND ENFORCEMENT NOTES

• Keep the record: Preserve the request, proof of receipt, acknowledgment, estimates, scope communications, fee demand, payment, production, and denial notice.
• Estimate thresholds: The agency must inform the requester before proceeding if estimated total cost exceeds $50. If estimated cost exceeds $100, or the requester previously failed to pay a proper fee timely, the agency may require estimated costs in advance. § 408-A(9)-(10).
• Inspection charges: Inspection is generally free unless the record must be compiled or converted, in which case the statutory staff-time or conversion charges may apply. § 408-A(1), (8)(D).
• Appeal deadline and venue: A person aggrieved by a refusal, denial, or failure under § 408-A may appeal within 30 calendar days after receiving written notice. The appeal is filed in Superior Court for the county where the requester resides or the agency has its principal office. § 409(1).
• Agency position and relief: The agency or official must file its position statement within 14 calendar days after service. If the court finds the refusal, denial, or failure lacked just and proper cause, it orders disclosure. The court may give the case docket priority when justice requires. § 409(1).
• Attorney fees: A substantially prevailing plaintiff may receive reasonable attorney fees and litigation expenses only if the court finds the refusal was committed in bad faith. Fees and costs may not be awarded to or against a federally recognized Indian tribe. § 409(4).
• Civil violations: A willful violation by an officer or employee is a civil violation, with escalating fines imposed on the state agency or local government entity under § 410. This provision does not create an automatic requester damages award.
• Get legal advice promptly: Confidentiality statutes, burdensome-request proceedings, cost disputes, appeal timing, and bad-faith fee claims are fact-sensitive.

CURRENT OFFICIAL SOURCES

• Maine Legislature — 1 M.R.S. § 402, definitions
• Maine Legislature — 1 M.R.S. § 408-A, access, response, format, and fees
• Maine Legislature — 1 M.R.S. § 409, appeals and attorney fees
• Maine Legislature — 1 M.R.S. § 410, civil violations