State Public Records Law
Maine Revised Statutes
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Exemptions to Disclosure
The following records are exempt:
- Records, working papers, inter-and intra-office memoranda used by or prepared for faculty and administrative committees of the Marine Maritime Academy, the Maine Community College System, and the University of Maine system;
- Work product
- Confidential
- Working papers (unless distributed by a member or at a public meeting of the advisory organization)
- Privileged
- Trade secrets
- Research for development of processing techniques for fisheries, aquaculture and seafood processing or the design and operation of a depuration plant in the possession of the Department of Marine Resources [2014 Me. Legis. Serv. Ch. 518 (H.P. 1212) (L.D. 1689) (WEST)]
- Interest in nondisclosure substantially outweighs public interest in disclosure
Access Rights
- Any person
- Inspect for free unless cannot inspect absent record being converted or compiled
- Right to inspect and/or copy w/in reasonable time of request
- Reasonable (regular) office hours
- Requests need not be in person nor in writing
- Request w/in 5 working days
- Within reasonable time of request, agency must provide a good faith nonbinding estimate of time w/in which agency will Denials/refusals also w/in 5 business days, written notice, and stating reasons; subject to appeal
- Electronic format access doesn’t require provision of access to computer terminal for requestor
- Fees up to $15/hour per request after the first hour, for staff time/actual cost of searching/retrieving/compiling requested record
- Also charge fees for mailing, copying, or conversion, etc.
- Only if estimate of cost is greater than $30, must custodian inform requestor of cost before proceeding
- Estimate of time necessary to complete request
- Fee may be waived in whole or in part if indigent or disclosure is in public interest and not primarily in commercial interest of requestor
- Appeal refusal, denial or failure within 30 calendar days of the receipt of the written notice of refusal, to any Superior Court within the State as a trial de novo
Destruction of Public Records
- No record shall be destroyed or otherwise disposed of by any official, except as provided by retention schedule.
Whistleblower Score
Rank: 36/51
Maine has a relatively poor state whistleblower law with fairly narrow coverage (13 out of 33 possible points), a poor degree of usability (16 out of 33) and useful remedies (23 out of 33), plus the one bonus point awarded for employee notification of rights.
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LAND USE VIOLATIONS BY LURC COMMISSIONER STILL OPEN
Public Employee Group Calls On Governor to Relieve Nadeau
NEW LURC COMMISSIONER HAS HISTORY OF VIOLATIONS
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LURC EMPLOYEE RESIGNS IN PROTEST
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Budget and Staffing Cuts Preclude Corporate Cases in Future
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Cutler Environmental Specialist Seeks Federal Protection
JUNKYARD OWNER THREATENING STATE INSPECTORS
Employee Group Asks DA to Take Action
NAVY BOMBING RIGHT WHALE FEEDING GROUNDS
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