Ned C. Lofton, Esq. v. Division of Insurance (SPR 20160294)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 13,2016 SPR16/294 Ms. Mindy Merow Rubin Executive Office of Consumer Affairs and Business Regulations Division of Insurance 10 00 Washington Street Boston, MA 02118 Dear Ms. Merow Rubin: I have received the petition ofNed Lofton appealing the nonresponse of the Executive Office of Consumer Affairs and Business Regulations - Division of Insurance (Division) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Lofton requested a number of records pertaining to "Progressive (and) Projected Sold Adjustment and the Commonwealth of Massachusetts." Having received no response, Attorney Lofton 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. 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 by a member of my staff, this office was notified by you that a response will be provided. With the proviso that Division will provide written response to Mr. Lofton within ten (10) days, whereas this matter was opened based upon the Division's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Lofton may appeal the substantive nature of the division's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Mindy Merow Rubin SPR16/294 Page2 May 13,2016 Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. cc: Mr. Ned Lofton, Esq.