RHODE ISLAND ACCESS TO PUBLIC RECORDS ACT (APRA) REQUEST

(Comprehensive Template - R.I. Gen. Laws § 38-2-1 et seq.)

IMPORTANT NOTICE: Rhode Island's Access to Public Records Act (APRA), R.I. Gen. Laws § 38-2-1 et seq., establishes that public records are the property of the public and that access to public records is a fundamental right of citizens. The General Assembly has declared that it is vital in a democratic society that public business be performed in an open and public manner. APRA provides for a 10 business day response deadline, administrative appeals, complaints to the Attorney General, and judicial enforcement with civil fines up to $2,000 for willful violations. Rhode Island uniquely exempts all communications between elected officials and their constituents from disclosure.

TABLE OF CONTENTS

1. Request Letter Template
2. Definitions
3. Records Description Guidance
4. Fee Provisions
5. Response Timeline
6. Exemptions Overview
7. Appeal Procedures
8. Appeal Letter Template
9. Enforcement Mechanisms
10. Follow-Up Letter Template
11. Fee Waiver Request Template
12. Documentation Checklist
13. Key Differences from Federal FOIA
14. State-Specific Notes
15. Sources and References

1. REQUEST LETTER TEMPLATE

Access to Public Records Act Request
Date: [__/__/____]

To:
[________________________________]
(Public Records Officer / Custodian of Records)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, Rhode Island ZIP Code)
Telephone: [________________________________]
E-Mail: [________________________________]

From:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Title and Organization, if applicable)
[________________________________]
(Street Address)
[________________________________]
(City, State ZIP Code)
Telephone: [________________________________]
E-Mail: [________________________________]

Re: Public Records Request Pursuant to the Access to Public Records Act (R.I. Gen. Laws § 38-2-1 et seq.)

Dear Public Records Officer:

Pursuant to the Rhode Island Access to Public Records Act ("APRA"), R.I. Gen. Laws § 38-2-1 et seq., I hereby request access to inspect and/or obtain copies of the following public records maintained by your agency. This request is submitted in accordance with R.I. Gen. Laws § 38-2-3, which provides that all records maintained or kept on file by any public body shall be public records, and R.I. Gen. Laws § 38-2-4, which establishes procedures for access to such records.

Please note that under R.I. Gen. Laws § 38-2-3(h), I am not required to provide identification or state the reason for this request. The right to access public records shall not depend upon the requester providing identification or reasons for the request.

Records Requested

I request the following records:

1. [________________________________]
   (Provide detailed description of first category of records sought)

2. [________________________________]
   (Provide detailed description of second category of records sought)

3. [________________________________]
   (Provide detailed description of additional categories of records sought)

Date Range: From [__/__/____] through [__/__/____]

Keywords/Search Terms: [________________________________]

Format of Production

Pursuant to R.I. Gen. Laws § 38-2-4, I request that responsive records be provided in the following format:

☐ Electronic copies in native format (preferred)
☐ Electronic copies in PDF format
☐ Paper copies
☐ Inspection at agency offices
☐ Other: [________________________________]

Please provide records via: [________________________________]
(E-mail address, mailing address, or other delivery method)

Fee Provisions

I am willing to pay reasonable fees as permitted under R.I. Gen. Laws § 38-2-4. However, I request that you notify me in advance if estimated fees will exceed $[____]. If fees are anticipated to exceed that amount, please provide an itemized written estimate before proceeding.

☐ I am requesting a fee waiver (see Section 11 below for justification)
☐ I am requesting a fee reduction based on public interest

Response Deadline

Under R.I. Gen. Laws § 38-2-7(a), your agency must respond to this request within ten (10) business days of receipt. If additional time is needed, R.I. Gen. Laws § 38-2-7(a) permits up to an additional twenty (20) business days for good cause, particularized to this specific request, with written explanation.

Please note that under R.I. Gen. Laws § 38-2-4(b), all copying and search and retrieval fees shall be waived if the public body fails to produce requested records within ten (10) business days, unless there is a denial of access.

Exemption Citations

If any records are withheld in whole or in part, please cite the specific statutory exemption(s) relied upon, as required by R.I. Gen. Laws § 38-2-7(a), and release all reasonably segregable, non-exempt portions of responsive records pursuant to R.I. Gen. Laws § 38-2-6.

Preservation Notice

I request that your agency take all reasonable steps to preserve any records responsive to this request, including any records that may be subject to routine destruction schedules, pending the complete resolution of this request and any appeal.

I appreciate your prompt attention to this matter. Please feel free to contact me at the information above if you have any questions or need clarification regarding this request.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Date: [__/__/____]

2. DEFINITIONS

For purposes of this template and Rhode Island APRA practice:

"Public body" means any executive, legislative, judicial, regulatory, or advisory body of the state, any municipality or political subdivision thereof including but not limited to any department, division, agency, commission, board, office, bureau, authority, any school district, fire district, water district, sewer district, or other special purpose district, any other agency or instrumentality of state or local government that is supported in whole or in part by the tax revenues of the state or any municipality or political subdivision thereof. (R.I. Gen. Laws § 38-2-2(1))

"Public record" or "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except those electronic mail messages of or to elected officials with or from constituents), or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. (R.I. Gen. Laws § 38-2-2(2))

"Reasonable" as used in the term "reasonable search" means a public body is required to make a good faith effort to locate records responsive to a request, using methods which can be reasonably expected to produce the records requested.

"Business day" means any day other than Saturday, Sunday, or a state legal holiday.

"Chief administrative officer" means the highest authority of a public body to whom an administrative appeal may be directed under R.I. Gen. Laws § 38-2-8.

3. RECORDS DESCRIPTION GUIDANCE

When drafting your APRA request, specificity will help ensure a timely and complete response. Consider the following:

Sample Records Descriptions

Example 1 - Emails:
"All emails sent or received by [Name/Title of Official] between [__/__/____] and [__/__/____] that contain the following keywords: [________________________________]. Include all attachments. Note: This request does not seek electronic mail messages between elected officials and their constituents, which are exempt under R.I. Gen. Laws § 38-2-2(2)."

Example 2 - Contracts:
"All contracts, agreements, memoranda of understanding, and amendments thereto entered into by [Agency Name] with [Contractor/Vendor Name] from [__/__/____] to the present, including all bid documents, proposals, and evaluation materials."

Example 3 - Inspection/Investigation Reports:
"All inspection reports, investigation files, compliance reports, enforcement actions, and related correspondence pertaining to [Subject/Location/Entity] from [__/__/____] to the present."

Example 4 - Meeting Records:
"All agendas, minutes, recordings, and supporting materials for meetings of [Board/Commission/Committee Name] held between [__/__/____] and [__/__/____], including any executive session minutes that have been unsealed."

Example 5 - Financial Records:
"All budgets, expenditure reports, purchase orders, invoices, receipts, and financial audit reports for [Department/Program Name] for fiscal years [____] through [____]."

Example 6 - Personnel Records:
"Employment agreements, compensation records (including salary and benefits), and job descriptions for all employees holding the position of [Title] from [__/__/____] to the present. Note: I am not requesting records exempt under R.I. Gen. Laws § 38-2-2(4)(A)(I) (personnel or medical files)."

Tips for Effective Requests

• Specify the department, division, or unit that likely maintains the records
• Use date ranges to narrow the scope of your request
• Reference the types of documents sought (e.g., emails, reports, correspondence)
• If seeking electronic records, specify file types or database names if known
• Clarify any records you are NOT requesting to reduce processing time
• If the records are known to exist, reference their title or document number
• Remember that you do NOT need to provide identification or state a reason for the request

4. FEE PROVISIONS

Statutory Authority (R.I. Gen. Laws § 38-2-4)

APRA establishes specific fee limitations that public bodies must follow:

Copying Fees (R.I. Gen. Laws § 38-2-4(a))

• Paper copies: Up to $0.15 per page (fifteen cents per page)
• Electronic records: Reasonable and actual cost of retrieval from storage
• Certifications: Public bodies may charge a reasonable fee for certification of copies

Search and Retrieval Fees (R.I. Gen. Laws § 38-2-4(a))

• Labor rate: Not to exceed $15.00 per hour for search and retrieval of records
• First hour: Some agencies do not charge for the first hour of search and retrieval time (check agency-specific policies)
• Actual cost standard: Fees must reflect the reasonable and actual cost of retrieval

Automatic Fee Waiver for Late Responses (R.I. Gen. Laws § 38-2-4(b))

Critical provision: All copying and search and retrieval fees shall be automatically waived if a public body fails to produce requested records within ten (10) business days, unless there is a denial of access. This is a powerful incentive for timely response.

Additional Fee Provisions

• No examination/review fees: A public body may not charge for time spent reviewing records to determine whether they are exempt from disclosure
• Mailing costs: Actual postage costs may be charged for mailed copies
• Electronic delivery: No copying fee applies to records transmitted electronically

Fee Estimates

Before incurring significant costs, the requester should:
1. Request an itemized fee estimate from the public body
2. Set a maximum fee amount in the request letter
3. Negotiate the scope of the request if fees are excessive

Fee Disputes

If you believe the fees charged are excessive or unauthorized, you may:
1. File an administrative appeal with the agency's chief administrative officer (R.I. Gen. Laws § 38-2-8)
2. File a complaint with the Attorney General (R.I. Gen. Laws § 38-2-9)
3. Bring a civil action in Superior Court (R.I. Gen. Laws § 38-2-10)

5. RESPONSE TIMELINE

Initial Response Deadline (R.I. Gen. Laws § 38-2-7(a))

A public body must, within ten (10) business days of receiving a request:
- Permit the requester to inspect the records, OR
- Provide copies of the requested records, OR
- Deny the request in writing with specific reasons and citations to applicable exemptions

Extensions for Good Cause (R.I. Gen. Laws § 38-2-7(a))

A public body may take up to an additional twenty (20) business days (for a total of 30 business days) if:
- There is good cause particularized to the specific request, AND
- The public body provides a written explanation to the requester of the need for additional time

Good cause may include:
- Voluminous records requiring extensive search
- Need to consult with other agencies or offices
- Complex redaction requirements
- Records stored in off-site locations

Automatic Fee Waiver Trigger

If the public body fails to produce requested records within the initial ten (10) business days and has not issued a denial, all copying and search and retrieval fees are automatically waived under R.I. Gen. Laws § 38-2-4(b).

Denial Requirements (R.I. Gen. Laws § 38-2-7(a))

If any records are denied, the public body must provide:
- A written explanation of the reasons for denial
- Specific citation to the applicable exemption(s) under R.I. Gen. Laws § 38-2-5
- Notice of the requester's right to appeal

Constructive Denial

If a public body fails to respond within the statutory timeframe (including any valid extension), the failure to respond constitutes a constructive denial of the request, entitling the requester to pursue administrative and judicial remedies.

Timeline Summary

6. EXEMPTIONS OVERVIEW

APRA specifies at least twenty-nine (29) categories of records that may be exempt from disclosure under R.I. Gen. Laws § 38-2-2(4). Major exemptions include:

Category A: Personnel, Medical, and Similar Files

1. Personnel and medical files (§ 38-2-2(4)(A)(I)(a)) - All records maintained by a public body which are identifiable to an individual applicant for benefits, a client, a patient, a student, or a resident, including but not limited to personnel, medical, counseling, or psychological files or records
2. Trial preparation records (§ 38-2-2(4)(A)(I)(b)) - Records protected by attorney-client privilege or work product doctrine in pending or anticipated litigation
3. Personal financial records (§ 38-2-2(4)(A)(I)(c)) - Personal financial records, income tax returns, credit reports, and similar information
4. Child custody evaluations (§ 38-2-2(4)(A)(I)(d)) - All records related to child custody evaluations

Category B: Law Enforcement and Investigation

5. Law enforcement investigatory records (§ 38-2-2(4)(A)(II)) - All investigatory records of public bodies maintained for criminal law enforcement, the premature disclosure of which would reasonably be expected to interfere with enforcement proceedings, deprive a person of a fair trial, constitute an unwarranted invasion of personal privacy, disclose the identity of a confidential source, disclose investigative techniques, or endanger the life or physical safety of any individual
6. Intelligence and security records (§ 38-2-2(4)(B)) - Records compiled by a law enforcement agency pertaining to intelligence activities conducted by the agency

Category C: Government Operations

7. Trade secrets and commercial/financial information (§ 38-2-2(4)(C)) - Trade secrets and commercial or financial information obtained from a person, firm, or corporation which is of a privileged or confidential nature
8. Preliminary decisional records (§ 38-2-2(4)(D)) - All records which are identifiable as part of the deliberative process, preliminary work product, or draft documents, unless the public interest in disclosure outweighs the interest in non-disclosure
9. Test questions and answers (§ 38-2-2(4)(E)) - Test questions, scoring keys, and similar examination instruments
10. Real estate appraisals (§ 38-2-2(4)(F)) - Real estate appraisals and engineering or feasibility estimates relating to proposed acquisitions

Category D: Privacy and Personal Information

11. Personal and medical records (§ 38-2-2(4)(A)(I)(a)) - Medical, counseling, or psychological records
12. Student records (§ 38-2-2(4)(H)) - Student records maintained by educational institutions, consistent with FERPA
13. Voter registration information (§ 38-2-2(4)(O)) - Certain voter registration information, including Social Security numbers and dates of birth
14. Library patron records (§ 38-2-2(4)(I)) - Records that identify library patron borrowing or use

Category E: Communications and Correspondence

15. Elected official-constituent communications (§ 38-2-2(2)) - All electronic mail messages of or to elected officials with or from constituents. This is a unique Rhode Island exemption built into the definition of "public record" itself.
16. Attorney-client privileged communications - Communications between a public body and its attorneys regarding litigation or legal advice

Category F: Safety and Security

17. Security plans and procedures (§ 38-2-2(4)(N)) - Plans, security procedures, and emergency plans designed to protect life and safety
18. 911 recordings (§ 38-2-2(4)(P)) - Certain 911 emergency telephone calls and dispatches
19. Critical infrastructure information - Information relating to the security of critical infrastructure

Category G: Business and Financial

20. Tax returns and financial information (§ 38-2-2(4)(A)(I)(c)) - Income tax returns and personal financial records
21. Proprietary technology (§ 38-2-2(4)(J)) - Computer programs and related documentation
22. Interagency or intra-agency communications - Internal communications that would not be available by law to a party other than an agency in litigation with the agency

Category H: Other Exemptions

23. Adoption records - Sealed adoption records
24. Juvenile records - Records involving juvenile proceedings
25. Victim information - Records that identify victims of sexual assault or domestic violence
26. Informant identity - Records that would disclose the identity of a confidential informant
27. Collective bargaining records (§ 38-2-2(4)(K)) - Records which would impair pending contract awards or collective bargaining negotiations
28. Employment search records (§ 38-2-2(4)(L)) - Materials gathered during searches to fill employment positions, except for the final three applicants
29. School safety plans (§ 38-2-2(4)(Q)) - School safety plans and threat assessments

Important Exemption Principles

• Burden of Proof: The public body bears the burden of demonstrating that an exemption applies
• Segregability (§ 38-2-6): If a record contains both exempt and non-exempt portions, the public body must disclose the non-exempt portions
• Narrow Construction: Exemptions are to be narrowly construed in favor of disclosure
• Specificity Required: The public body must cite the specific statutory exemption relied upon

7. APPEAL PROCEDURES

Rhode Island provides a multi-layered appeal process for denied APRA requests:

Step 1: Administrative Appeal (R.I. Gen. Laws § 38-2-8)

Filing the Appeal:
- If a public body denies access to records, the requester may appeal to the chief administrative officer (the highest authority) of the public body
- The appeal should be in writing and identify the records sought and the reasons the denial is improper
- There is no specific deadline to file the administrative appeal, but it should be filed promptly

Agency Response:
- The chief administrative officer must make a determination within ten (10) business days of receiving the appeal
- The determination must be in writing and include specific reasons for granting or denying the appeal
- If the appeal is denied, the denial must include notice of the requester's right to file a complaint with the Attorney General or bring a court action

Step 2: Complaint to Attorney General (R.I. Gen. Laws § 38-2-9)

Filing the Complaint:
- A requester may file a complaint with the Attorney General at any time, either:
- After receiving an adverse administrative appeal determination, OR
- Instead of filing an administrative appeal (the requester may bypass the administrative appeal)
- The complaint should describe the records sought, the agency's response, and the basis for claiming the records should be disclosed

Attorney General Action:
- The Attorney General will investigate the complaint
- If the Attorney General determines the complaint is meritorious, the AG may commence a lawsuit against the public body
- The Attorney General's office may also attempt to mediate the dispute informally

Step 3: Judicial Review (R.I. Gen. Laws § 38-2-10)

Filing Suit:
- The requester may file a civil action in Rhode Island Superior Court
- The action must be filed within ninety (90) days of the final denial (administrative appeal denial or AG determination)
- Venue is proper in the judicial district where the public body is located

Court Procedures:
- The court reviews the matter de novo (fresh review, no deference to agency)
- The burden of proof is on the public body to justify withholding records
- The court may review records in camera (privately) to determine if exemptions apply
- The court has the power to order disclosure of improperly withheld records

Attorney Fees and Costs:
- The court may award reasonable attorney fees to a requester who substantially prevails (R.I. Gen. Laws § 38-2-10)
- Court costs may also be awarded to the prevailing party

Civil Fines:
- Willful and knowing violations: Up to $2,000 per violation (R.I. Gen. Laws § 38-2-10)
- Reckless violations: Up to $1,000 per violation (R.I. Gen. Laws § 38-2-10)

Appeal Timeline Summary

8. APPEAL LETTER TEMPLATE

8A. Administrative Appeal to Chief Administrative Officer

Date: [__/__/____]

[________________________________]
(Chief Administrative Officer / Head of Agency)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, Rhode Island ZIP Code)

Re: Administrative Appeal Under R.I. Gen. Laws § 38-2-8
APRA Request Dated: [__/__/____]
Denial Dated: [__/__/____]

Dear [________________________________]:

Pursuant to R.I. Gen. Laws § 38-2-8, I hereby appeal the denial of my request for public records under the Access to Public Records Act.

Background:

On [__/__/____], I submitted an APRA request to [________________________________] (the "Agency") seeking the following records:

[________________________________]
(Describe the records requested)

On [__/__/____], my request was denied [in whole / in part] by [________________________________] (name/title of person who denied the request). The stated basis for the denial was:

[________________________________]
(State the exemption(s) or reasons cited by the agency)

Reasons for Appeal:

I respectfully submit that the denial is improper for the following reasons:

1. [________________________________]
   (Explain why the exemption does not apply or was improperly invoked)

2. [________________________________]
   (Provide additional legal arguments)

3. The public interest in disclosure outweighs any interest in non-disclosure because:
   [________________________________]

4. To the extent any portions of the requested records may be exempt, the non-exempt portions must be disclosed pursuant to R.I. Gen. Laws § 38-2-6 (separability).

Relief Requested:

I respectfully request that you:

1. Reverse the denial and order immediate disclosure of the requested records;
2. If any portions are exempt, order disclosure of all reasonably segregable non-exempt portions;
3. Waive all fees pursuant to R.I. Gen. Laws § 38-2-4(b) if the response was untimely; and
4. Provide a written determination within ten (10) business days as required by R.I. Gen. Laws § 38-2-8.

Please be advised that if this appeal is denied, I intend to exercise my rights under R.I. Gen. Laws § 38-2-9 (complaint to Attorney General) and/or R.I. Gen. Laws § 38-2-10 (judicial review), which may include a request for attorney fees and civil fines.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
[________________________________]
(Address)
[________________________________]
(Telephone and Email)

Enclosures:
- Copy of original APRA request dated [__/__/____]
- Copy of agency denial dated [__/__/____]
- Any relevant correspondence

8B. Complaint to Attorney General

Date: [__/__/____]

Office of the Attorney General
State of Rhode Island
150 South Main Street
Providence, Rhode Island 02903

Re: APRA Complaint Under R.I. Gen. Laws § 38-2-9
Public Body: [________________________________]
APRA Request Dated: [__/__/____]
Administrative Appeal Denial Dated: [__/__/____] (if applicable)

Dear Attorney General:

Pursuant to R.I. Gen. Laws § 38-2-9, I hereby file a complaint regarding the denial of my request for public records by [________________________________] (the "Public Body").

Summary of Facts:

1. On [__/__/____], I submitted an APRA request to the Public Body seeking:
   [________________________________]

2. On [__/__/____], the Public Body [denied my request / failed to respond within the 10-business-day deadline], citing:
   [________________________________]

3. [If applicable:] On [__/__/____], I filed an administrative appeal with the chief administrative officer, which was denied on [__/__/____].

Legal Basis for Complaint:

The Public Body's denial violates APRA because:
[________________________________]
(Describe why the denial was improper)

Relief Requested:

I request that your office investigate this complaint and, if meritorious, take appropriate action to compel the Public Body to disclose the requested records.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
[________________________________]
(Address, Telephone, and Email)

9. ENFORCEMENT MECHANISMS

Civil Fines (R.I. Gen. Laws § 38-2-10)

Rhode Island imposes significant civil fines for APRA violations:

• Willful and knowing violations: Courts may impose civil fines of up to $2,000 per violation
• Reckless violations: Courts may impose civil fines of up to $1,000 per violation
• These fines are in addition to any other remedies available under the statute
• Each separate wrongful denial or withholding may constitute a separate violation

Attorney Fees and Costs (R.I. Gen. Laws § 38-2-10)

• Courts may award reasonable attorney fees to a requester who substantially prevails in a judicial action
• Court costs may also be awarded to the prevailing requester
• The availability of attorney fees serves as a significant incentive for public bodies to comply with APRA

Injunctive Relief

• The Superior Court may issue orders compelling disclosure of improperly withheld records
• Preliminary and permanent injunctive relief is available
• The court may issue emergency or expedited orders when circumstances warrant

Automatic Fee Waiver (R.I. Gen. Laws § 38-2-4(b))

• All copying and search/retrieval fees are automatically waived if a public body fails to produce requested records within ten (10) business days
• This waiver applies unless there is a denial of access (in which case the denial, not the delay, is the relevant issue)
• This provision acts as both a penalty and an incentive for timely compliance

Criminal Penalties

• While APRA itself does not impose criminal penalties, the willful destruction of public records may constitute a criminal offense under Rhode Island's general criminal statutes
• Obstruction of access to public records may implicate other criminal provisions

Disciplinary Action

• Public officials who willfully or recklessly violate APRA may face administrative disciplinary action
• Repeated violations may be relevant to employment decisions and performance evaluations

Contempt of Court

• If a public body fails to comply with a court order to disclose records, the court may hold the body in contempt
• Contempt sanctions may include fines, sanctions, and other penalties

10. FOLLOW-UP LETTER TEMPLATE

Date: [__/__/____]

[________________________________]
(Public Records Officer / Custodian of Records)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, Rhode Island ZIP Code)

Re: Follow-Up to APRA Request Dated [__/__/____]
Original Request Reference: [________________________________]

Dear [________________________________]:

I am writing to follow up on my Access to Public Records Act request submitted on [__/__/____], for which [I have / I have not] received a response.

☐ More than ten (10) business days have elapsed since my request was received, and I have not received a response as required by R.I. Gen. Laws § 38-2-7(a). Please note that under R.I. Gen. Laws § 38-2-4(b), all copying and search and retrieval fees shall be waived because the public body has failed to produce requested records within the ten-business-day deadline.

☐ The agency requested an extension but did not provide particularized good cause or a written explanation as required by R.I. Gen. Laws § 38-2-7(a).

☐ The extended deadline of [__/__/____] has passed, and I have not received the requested records or a further update.

☐ I have received a partial response, but the following records remain outstanding:
[________________________________]

☐ The agency has assessed fees that I believe are in excess of the statutory limits set forth in R.I. Gen. Laws § 38-2-4(a) (fifteen cents per page for copies; not to exceed $15 per hour for search and retrieval).

I respectfully request that you:

1. Provide an immediate status update on the processing of my request;
2. Provide a firm date by which all responsive records will be produced;
3. Confirm that all fees have been waived if the response is overdue; and
4. Contact me at the information below to discuss any issues with the request.

Please be advised that if I do not receive a satisfactory response within [____] business days, I intend to pursue the remedies available under APRA, including filing an administrative appeal under R.I. Gen. Laws § 38-2-8, a complaint with the Attorney General under R.I. Gen. Laws § 38-2-9, and/or a civil action under R.I. Gen. Laws § 38-2-10, which may include a request for civil fines of up to $2,000 for willful violations and attorney fees.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Telephone: [________________________________]
E-Mail: [________________________________]
Date: [__/__/____]

11. FEE WAIVER REQUEST TEMPLATE

Date: [__/__/____]

[________________________________]
(Public Records Officer / Custodian of Records)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, Rhode Island ZIP Code)

Re: Request for Fee Waiver/Reduction - APRA Request Dated [__/__/____]

Dear [________________________________]:

I respectfully request a waiver or substantial reduction of all fees associated with my APRA request dated [__/__/____].

Statutory Basis

R.I. Gen. Laws § 38-2-4 governs fees for public records. While the statute does not contain an explicit fee waiver provision comparable to federal FOIA, I submit that a fee waiver or reduction is appropriate in this instance for the following reasons:

Automatic Waiver for Untimely Response

☐ Under R.I. Gen. Laws § 38-2-4(b), all copying and search and retrieval fees shall be waived because the public body failed to produce requested records within ten (10) business days and did not issue a timely denial.

Public Interest Justification

1. Public Benefit:
The requested records will primarily benefit the general public because:
[________________________________]
(Explain how the records will benefit the public)

2. Not Primarily Commercial:
The records are not being sought primarily for commercial purposes because:
[________________________________]
(Explain the non-commercial nature of the request)

3. Contribution to Public Understanding:
Disclosure of these records will contribute significantly to public understanding of government operations because:
[________________________________]
(Explain the public interest in the specific records)

4. Requester's Capacity:
☐ I am a representative of the news media
☐ I am a researcher affiliated with an educational institution
☐ I am a representative of a nonprofit organization
☐ I am requesting records for personal, non-commercial use
☐ Other: [________________________________]

Financial Hardship (if applicable)

☐ The estimated fees of $[____] represent a financial hardship that effectively prevents me from exercising my right to access public records under APRA.

I request that you respond to this fee waiver request promptly. If this request is denied, please provide a written explanation, so that I may pursue available remedies.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Telephone: [________________________________]
E-Mail: [________________________________]
Date: [__/__/____]

12. DOCUMENTATION CHECKLIST

Use this checklist to ensure completeness of your APRA request under Rhode Island law:

Pre-Submission Checklist

☐ Identified the correct public body that maintains the records
☐ Identified the public records officer or designated contact person
☐ Confirmed the agency's APRA request procedures (posted per R.I. Gen. Laws § 38-2-3(d))
☐ Drafted a clear, specific description of records sought
☐ Included specific date ranges for requested records
☐ Specified preferred format of production (electronic, paper, inspection)
☐ Included requester contact information (name, address, phone, email)
☐ Noted that identification and purpose are NOT required (R.I. Gen. Laws § 38-2-3(h))
☐ Set a fee cap or included a fee waiver request
☐ Referenced the Access to Public Records Act (R.I. Gen. Laws § 38-2-1 et seq.)
☐ Requested citation of specific exemptions for any withheld records
☐ Included a records preservation notice
☐ Made a copy of the request for your records
☐ Noted the date of submission for tracking the 10 business day deadline

Post-Submission Tracking

☐ Marked the 10 business day response deadline on calendar
☐ Marked the 30 business day extended deadline on calendar (if extension invoked)
☐ Received response within 10 business days (R.I. Gen. Laws § 38-2-7(a))
☐ If no response within 10 business days, noted automatic fee waiver (R.I. Gen. Laws § 38-2-4(b))
☐ Reviewed any extension request for particularized good cause with written explanation
☐ Reviewed any claimed exemptions for validity under R.I. Gen. Laws § 38-2-2(4)
☐ Verified that all reasonably segregable portions were released (R.I. Gen. Laws § 38-2-6)
☐ Checked that fee charges comply with statutory limits ($0.15/page, $15/hour max)
☐ Determined whether to accept the response or pursue an appeal

Appeal Preparation

☐ Reviewed applicable appeal procedures (administrative, AG complaint, judicial)
☐ Prepared administrative appeal to chief administrative officer (R.I. Gen. Laws § 38-2-8)
☐ Considered filing complaint with Attorney General (R.I. Gen. Laws § 38-2-9)
☐ Calculated 90-day deadline for filing Superior Court action (R.I. Gen. Laws § 38-2-10)
☐ Gathered all correspondence with the public body
☐ Documented all dates, deadlines, and agency contacts
☐ Consulted with an attorney regarding potential judicial action
☐ Assessed potential civil fines ($2,000 willful; $1,000 reckless per violation)
☐ Assessed eligibility for attorney fee and cost recovery

Records Received - Review

☐ Compared records received against records requested
☐ Identified any gaps or missing records
☐ Reviewed any redactions for proper exemption citations
☐ Verified the format of production matches the request
☐ Confirmed fee charges are accurate and within statutory limits
☐ Filed and organized all received records
☐ Noted any follow-up requests needed
☐ Documented the outcome for future reference

13. KEY DIFFERENCES FROM FEDERAL FOIA

14. STATE-SPECIFIC NOTES

Rhode Island-Specific Considerations

1. Elected Official-Constituent Communications Exemption (§ 38-2-2(2))
Rhode Island has one of the most unique exemptions in the country: all electronic mail messages of or to elected officials with or from constituents are excluded from the definition of "public record" entirely. This means these communications are not subject to APRA at all, not merely exempt from disclosure. This applies only to electronic mail (email), not to paper correspondence, telephone calls, or other forms of communication.

2. No Identification or Purpose Requirement (§ 38-2-3(h))
Rhode Island law expressly provides that the right to access public records shall not depend upon the requester providing identification or the reasons for the request. A public body may not require a requester to identify themselves or state why they want the records.

3. Automatic Fee Waiver for Late Responses (§ 38-2-4(b))
This is a powerful and distinctive provision. If a public body fails to produce requested records within ten (10) business days and has not issued a denial, ALL copying, search, and retrieval fees are automatically waived. This creates a strong financial incentive for timely compliance.

4. Particularized Good Cause for Extensions
Unlike many states that allow generic extensions, Rhode Island requires that any extension of the 10 business day deadline be supported by good cause "particularized to the specific request." A public body cannot simply claim that it is busy or understaffed; it must explain why this particular request requires additional time.

5. Attorney General Complaint Process (§ 38-2-9)
Rhode Island allows requesters to file complaints directly with the Attorney General without first exhausting administrative remedies. The requester may bypass the administrative appeal entirely and go straight to the AG. This provides an alternative to costly litigation.

6. Significant Civil Fines
Rhode Island's civil fines of up to $2,000 for willful violations and $1,000 for reckless violations are among the more substantial penalties available in state public records law nationwide.

7. 90-Day Judicial Filing Deadline
Unlike federal FOIA, which has no specific filing deadline for judicial review, Rhode Island requires that a court action be filed within 90 days of the final denial. Missing this deadline may bar judicial review.

8. Electronic Records
APRA applies to electronic records, including computer stored data and electronic data processing records. Public bodies must search electronic systems for responsive records. However, note the express exclusion of elected official-constituent emails from the definition of public records.

9. Open Meetings Act Interplay
Rhode Island's Open Meetings Act (R.I. Gen. Laws § 42-46-1 et seq.) works in conjunction with APRA. Records created in connection with public meetings are generally subject to APRA disclosure requirements.

10. Municipal Variations
While APRA applies uniformly across all public bodies, individual municipalities and agencies may have different procedures for submitting requests. Always check the specific agency's posted APRA procedures before submitting a request.

15. SOURCES AND REFERENCES

Statutes

• Access to Public Records Act: R.I. Gen. Laws § 38-2-1 et seq.
• https://webserver.rilegislature.gov/Statutes/TITLE38/38-2/INDEX.htm
• R.I. Gen. Laws § 38-2-1 - Legislative findings
• R.I. Gen. Laws § 38-2-2 - Definitions (including exemptions)
• R.I. Gen. Laws § 38-2-3 - Right of access
• R.I. Gen. Laws § 38-2-4 - Procedures for access; costs
• R.I. Gen. Laws § 38-2-5 - Certain records not public
• R.I. Gen. Laws § 38-2-6 - Separability
• R.I. Gen. Laws § 38-2-7 - Denial of access
• R.I. Gen. Laws § 38-2-8 - Administrative appeals
• https://law.justia.com/codes/rhode-island/title-38/chapter-38-2/section-38-2-8/
• R.I. Gen. Laws § 38-2-9 - Complaints to Attorney General
• R.I. Gen. Laws § 38-2-10 - Court action; attorney fees; civil fines

Official Resources

• Rhode Island Attorney General - APRA Information
• Rhode Island Secretary of State - Public Records
• Rhode Island General Assembly - APRA Statute: https://webserver.rilegislature.gov/Statutes/TITLE38/38-2/INDEX.htm

Practice Guides

• New England First Amendment Coalition - Rhode Island Public Records: https://nefac.org/rhodeisland-public-records/
• Reporters Committee for Freedom of the Press - Rhode Island Open Government Guide: https://www.rcfp.org/open-government-guide/rhode-island/
• MuckRock - Rhode Island Public Records Guide: https://www.muckrock.com/place/united-states-of-america/rhode-island/
• Rhode Island General Laws Title 38, Chapter 2 (Justia): https://law.justia.com/codes/rhode-island/title-38/chapter-38-2/

This template is provided for informational purposes only and does not constitute legal advice. The Rhode Island Access to Public Records Act is subject to legislative amendment, judicial interpretation, and administrative rulemaking. Users should verify all citations and consult with a qualified Rhode Island attorney before relying on this template for any legal purpose. Last updated: 2026-02-24.