David M. Hass v. Massachusetts Bay Transportation Authority (SPR 20171681)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 12, 2017 SPR17/1681 Mr. David M. Hass, Esq. Law Offices of Burton Hass 640 Main Street Malden, MA 02148-03919 Dear Attorney Hass: This office has received your December 1, 2017 correspondence appealing the lack of compliance of the Massachusetts Department of Transportation (Department) to your records request. After reviewing this information I find that I am unable to accept your appeal. The Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety (90) days of the date of the request letter, or within ninety (90) days of the date of a written response from the record custodian. See 950 C.M.R. 32.08(1)(d); 950 C.M.R. 32.08(1)(e). The attachments you provided with your appeal have exceeded the ninety day limit. You may make a new request to the Department for the same information. The Department has ten (10) business days in which to respond to your new request. G.L. c. 66, § 1O (b ). If the Department denies your request or fails to respond within ten business days, you may appeal to this office within the statutory time frame. At that time this office will review the matter. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Ms. Julie Ciollo, Esq. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us