Richard L. Nahigian v. Executive Office of Health and Human Services - Department of Public Health (SPR 20160742)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams September 27, 2016 Supervisor ofR ecords SPR16/742 Ms. Patricia Depew Executive Office of Health and Human Services Department of Public Health 99 Chauncey Street Boston, MA 02111 Dear Ms. Depew: I have received the petition of Richard Nahigian appealing the response of the Executive Office of Health and Human Services- Department of Public Health (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Nahigian requested a number of records pertaining to "a complaint filed on or about August 30, 2011 by Alan Nuisuler against Courtyard Nursing Care Center, Medford, DPH Facility ID #0933". On August 23, 2016, you provided Mr. Nahigian with a response stating that you cannot "confirm or deny" the existence of responsive records. On September 8, 2016 Mr. Nahigian 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. On September 19, 2016, subsequent to the opening ofthis appeal, you notified this office that a response will be provided upon receiving a copy of Mr. Nahigian's file. With the proviso that you provide a response without delay, and further whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Nahigian may appeal the sub7 ntive nature of the Department's response within ninety (90) days. See 950- .M. 32.08(2). rvisor of Records cc: Mr. Richard Nahigian OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre