Colman Herman v. Office of Consumer Affairs and Business Regulation (SPR 20200948)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 26, 2020 SPR20/0948 Janelle M. Hardiman Records Access Officer Office of Consumer Affairs and Business Regulations Division of Professional Licensure 501 Boylston Street, Suite 5100 Boston, MA 02116 Dear Ms. Hardiman: I have received the petition of Colman Herman appealing the response of the Office of Consumer Affairs and Business Regulations (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 29, 2020 Mr. Herman requested, “hard copies and electronic copies of the complete files for disciplinary actions against massage therapists for sexual misconduct (your nature code SX) … for the period January 1, 2015 to the present.” On April 10, 2020, the Division provided a response including a fee estimate of $2,212.00. Unsatisfied with the Division’s response, Mr. Herman appealed, and SP20/0948 was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Division representative, it is my understanding that the Division intends on providing a subsequent response to Mr. Herman to address his concerns. Accordingly, the Division is ordered to provide Mr. Herman with a response to his request in a manner consistent with the Public Records Law and its Access Regulations as soon as is practicable. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Herman may appeal the substantive nature of the Division's response within ninety days. See 950 C.M.R. 32.08(1). 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

Janelle M. Hardiman SPR20/0948 Page 2 June 26, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman