Quat, Esq., Kenneth v. Division of Banks (SPR 20140610)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 4, 2014 SPR14/610 Ms. Brenda L. Miller, Esq. Associate Counsel Division of Banks 1000 Washington Street; 1Oth Floor Boston, MA 02118 Dear Attorney Miller: I have received the petition of Kenneth D. Quat, Esq. appealing the nonresponse ofthe Division of Banks (Division) to his August 7, 2014 request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Quat requested copies of: All inquiries and other communications submitted to the Division concerning the issue of whether entities sometimes referred to as "debt buyers" are or should be subject to the licensing requirement of G. L. c. 93, § 24A. The requested materials include, inquiries and other communications which the Division considered in connection with the Division's "Industry Letter Concerning the Massachusetts Debt Collection Statutes and its Applicability to Debt Buyers, So Called," issued June 16, 2006, pertaining to the licensing of debt buyers as debt collectors in the Commonwealth ... " Having received no response, Attorney Quat petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The Division is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention of this office, you provided Attorney Quat with the responsive records via email communication on October 24, 2014. Accordingly, I will consider his administrative appeal closed. Attorney Quat may appeal the response made by the Division within ninety (90) days. See 950 C.M.R. 32.08(2). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Brenda L. Miller, Esq. SPR14/610 Page Two November 4, 2014 cc: Mr. Kenneth D. Quat, Esq.