Maine Public Record Laws

Citations

Maine Revised Statutes, Title 1, Ch. 13
(http://www.mainelegislature.org/legis/statutes/1/title1ch13sec0.html)

Exemptions to Disclosure

The following records are exempt:

  • Records, working papers, inter-and intra-office memoranda used by or prepared for faculty and administrative committees of the Marine Maritime Academy, the Maine Community College System, and the University of Maine system;
  • Work product
  • Confidential
  • Working papers (unless distributed by a member or at a public meeting of the advisory organization)
  • Privileged
  • Trade secrets
  • Research for development of processing techniques for fisheries, aquaculture and seafood processing or the design and operation of a depuration plant in the possession of the Department of Marine Resources [2014 Me. Legis. Serv. Ch. 518 (H.P. 1212) (L.D. 1689) (WEST)]
  • Interest in nondisclosure substantially outweighs public interest in disclosure

Access Rights

  • Any person
  • Inspect for free unless cannot inspect absent record being converted or compiled
  • Right to inspect and/or copy w/in reasonable time of request
  • Reasonable (regular) office hours
  • Requests need not be in person nor in writing
  • Request w/in 5 working days
  • Within reasonable time of request, agency must provide a good faith nonbinding estimate of time w/in which agency will Denials/refusals also w/in 5 business days, written notice, and stating reasons; subject to appeal
  • Electronic format access doesn’t require provision of access to computer terminal for requestor
  • Fees up to $15/hour per request after the first hour, for staff time/actual cost of searching/retrieving/compiling requested record
  • Also charge fees for mailing, copying, or conversion, etc.
  • Only if estimate of cost is greater than $30, must custodian inform requestor of cost before proceeding
  • Estimate of time necessary to complete request
  • Fee may be waived in whole or in part if indigent or disclosure is in public interest and not primarily in commercial interest of requestor
  • Appeal refusal, denial or failure within 30 calendar days of the receipt of the written notice of refusal, to any Superior Court within the State as a trial de novo

Destruction of Public Records

  • No record shall be destroyed or otherwise disposed of by any official, except as provided by retention schedule.