Joelle Crosby v. Division of Occupational Licensure (SPR 20251137)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 7, 2025 SPR25/1137 Malav Patel, Esq. Assistant General Counsel for Public Affairs Division of Occupational Licensure 1000 Washington Street, Suite 710 Boston, MA 02118 Dear Attorney Patel: I have received the petition of Joelle Crosby appealing the response of the Division of Occupational Licensure (Division/DOL) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 20, 2025, Ms. Crosby made the following request: …I have moved to Connecticut where in order to get my Esthetician license I need proof of 600 hours of training. Unfortunately my school had closed many years ago and I don’t have my diploma. Can you obtain proof of my schooling please? The Division responded on April 22, 2025. Unsatisfied with the Department’s response, Ms. Crosby petitioned this office and this appeal, SPR25/1137, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian 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

Malav Patel, Esq. SPR25/1137 Page 2 May 7, 2025 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Division’s April 22nd Response In its April 22, 2025 response, the Division stated, “[a] diligent search returned no responsive records in the DOL’s care, custody, or control.” Current Appeal In her appeal petition, Ms. Crosby states: I need proof of my 600 hours of advanced esthetic schooling at Chameleons School of Esthetics in Northampton Massachusetts. Attended the school from Sept of 1998 through May/June of 1999. My maiden name is Joelle Santos of which I would have been enrolled under that name at the time. The school unfortunately closed many years ago. If this helps, they were a Catherine Hinds concept school. It was located on Pleaseant St in the same building as the hair school... I’m far from the only one who has gone to this school. There has to [be] records somewhere. Unclear Appeal Upon review, the basis of Ms. Crosby’s appeal is unclear. Ms. Crosby is reminded that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond” 950 C.M.R. 32.08(1)(f). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii), (b)(ii). Please be aware, the Public Records Law states that a records access officer must furnish a copy of any public record “provided that the request reasonably describes the public record sought.” See G. L. c. 66, § 10(a)(i). Ms. Crosby may wish to clarify her request with the Division regarding the specific record(s) she is seeking and provide the specific identifying details she provided to this office in her appeal petition. This office encourages Ms. Crosby and the Division to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to

Malav Patel, Esq. SPR25/1137 Page 3 May 7, 2025 modify the scope of the request if doing so would enable the agency to produce the records sought more efficiently and affordably). Conclusion Accordingly, I will now consider this administrative appeal closed. If issues remain after further communication, Ms. Crosby may file an appeal. Sincerely, Manza Arthur Supervisor of Records cc: Joelle Crosby