825-RICR-10-00-3
825-RICR-10-00-3. Access to Public Records (version Periodic Refile, 12/28/2001 to 11/20/2017)
RULES OF RHODE ISLAND HOUSING AND
MORTGAGE FINANCE CORPORATION
RELATING TO ACCESS TO ITS PUBLIC RECORDS
I.
INTRODUCTION/PURPOSE
These Rules:
A.
Establish Rules to comply with Chapter 35 of Title 42 and Chapter 2 of Title 38 of the
Rhode Island General Laws regarding access to Public Records held by Rhode Island
Housing and Mortgage Finance Corporation;
B.
Establish procedures for obtaining Public Records held by Rhode Island Housing and
Mortgage Finance Corporation.
II.
DEFINITIONS
All capitalized terms used herein shall have the same meanings as set forth in the "Rules of Rhode
Island Housing and Mortgage Finance Corporation Adopted Pursuant to the Administrative
Procedures Act."
III.
DISCLOSURE OF RECORDS
All Public Records maintained or held by the Corporation shall be subject to inspection and
reproduction by Members of the Public in accordance with the Rules enunciated herein and the
provisions of Chapter 2 of Title 38 of the Rhode Island General Laws, unless exempt or prohibited
from disclosure by state or federal law or by order of a court of competent jurisdiction.
IV.
DELETION OF NONDISCLOSABLE INFORMATION
The Executive Director of the Corporation shall determine if information contained in a document
which is the basis for its nondisclosure can be deleted. If so, the document shall be made available
to the Member of the Public once the necessary deletions have been completed.
V.
PROCEDURES FOR OBTAINING ACCESS
A.
A Request to Inspect and/or Copy Public Records of the Corporation (the "Request")
shall be presented orally or in writing to the Executive director or his designee at the
Corporate Office during Business Hours of the Corporation.
B.
The Corporation will exert reasonable efforts to honor the Request within ten (10)
business days of receipt of the Request.
C.
The Corporation shall not be obligated to produce for inspection or copying records
which are not in the possession of the Corporation. The Corporation shall use reasonable
efforts to notify persons filing Requests, within ten (10) days of the submission of the
Request, if the Public Record is in active use or in storage and is therefore not available
for inspection within ten (10) days of the Request. If the Request of the person seeking
access to the Public Record is granted, he shall be notified by letter when the Public
Record is available and shall be provided with an appointment to examine the Public
Record.
D.
Printouts of properly identified disclosable data maintained by the Corporation in a
computer storage system shall be available to persons following the above-stated
procedures.
E.
The Corporation is not required to reorganize, consolidate, or compile data which is not
maintained by the Corporation in the form requested.
F.
The Executive Director may restrict access to specified times and days, consistent with
these Rules, if it is determined that this is necessary or appropriate to prevent unnecessary
disruption of the Corporation's work.
VI.
PROHIBITION OF COMMERCIAL USE OF PUBLIC RECORDS
No Member of the Public shall use information obtained from Public Records to solicit for
commercial purposes or to obtain a commercial advantage over the party furnishing that
information to the Corporation.
VII.
DENIAL OF ACCESS AND ADMINISTRATIVE APPEALS
The Corporation shall deny access to records requested only in accordance with the provisions of
the Public Access Act. Once denied access to a record of the Corporation, any person may
petition the Executive Director of the Corporation for a review of the denial by contacting the
Executive Director or his designee either orally or in writing at the Corporate Office to request
such a review. Such administrative appeals of denial of access will be conducted in accordance
with the provisions of the Public Access Act.