Commonwealth Transparency v. Division of Administrative Law Appeals (SPR 20221843)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 22, 2022 SPR22/1843 Edward B. McGrath, Esq. Chief Administrative Magistrate Division of Administrative Law Appeals 14 Summer Street, 4th Floor Malden, MA 02148 Dear Chief McGrath: I have received the petition of Commonwealth Transparency appealing the response of the Division of Administrative Law Appeals (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 26, 2022, the requestor sought “[a]ny and all data contained in the case management system used by the BSEA for administration of Hearing Requests.” Previous Appeals This request was the subject of previous appeals. See SPR22/1149 Determination of the Supervisor of Records (May 25, 2022), SPR22/1354 Determination of the Supervisor of Records (June 21, 2022), and SPR22/1608 Determination of the Supervisor of Records (July 21, 2022). In my July 21st determination, I ordered the Division to clarify whether additional responsive records exist. The Division responded on August 4, 2022. Unsatisfied with the Division’s response, the requestor appealed, and this case was opened as a result. Current Appeal Based on a letter from the Division to this Office and Commonwealth Transparency on August 17, 2022, I understand that the Division intends to provide a supplemental response to Commonwealth Transparency on or before September 19, 2022. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its regulations on or before September 19, 2022. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, the requestor may appeal the substantive nature of the Division’s September 19th 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

Edward B. McGrath, Esq. SPR22/1843 Page 2 August 22, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency