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2018 Op. Del. Att'y Gen. 1 (2018)

handle is hein.sag/sagde0065 and id is 1 raw text is: 






                                                            CIVIL DIVISION (302) 577-8400
                                                                FAX: (302) 577-6630
                                DEPARTMENT  OF JUSTICE     CRIMINAL DIVISION (302) 577-8500
                                  NEW CASTLE COUNCIL            FAX: (302) 577-2496
                                820 NORTH FRENCH STREET     FRAUD DIVISION (302) 577-8600
       ATTORNEY GENERAL        WILMINGTON, DELAWARE 19801       FAX: (302) 577-6499

       OFFICE OF  THE  ATTORNEY GENERAL OF THE STATE OF DELAWARE

                        Attorney General Opinion No. 18-IB01

                                   January 2, 2018

VIA  U.S. MAIL  & EMAIL

La Mar Gunn, Sr.
President
Central Delaware NAACP
11I North State Street
Dover, DE 19901
         1amJanuary 2e2018






       RE:   FOIA  Petition ljegarding the Delawvare flepartnient of Insurance

Dear Mr. Gunn:

       I write regarding your correspondence, received December 29, 2017, wherein you allege
that the Delaware Department  of Insurance (DOI) violated the Delaware Freedom  of
Information Act, 29 Del. C §§ 1000 1-10007 (FOIA). I treat your correspondence as a petition
for a determination pursuant to 29 Del. C §10005 regarding whether a violation of FOIA has
occurred or is about to occur (Petition). For the reasons set forth below, it is my determination
that DOI did not violate FOIA as alleged.

       On December 29, 2017, you hand-delivered a FOIA request to DOI for a copy of DOI's
employee manual and requested immediate access thereto. You state that a DOI representative,
Ms. Leslie Ledogar, gave the excuse that she was unsure as to where she could locate the
employee manual and that her office had 15 days to respond to the subject request. You rely on
29 Del. C. § 10003(1), which states [t]he public body shall provide reasonable access for
reviewing public records during regular business hours, for the proposition that DOI violated
FOIA  by failing to provide you immediate in-person access to the requested record.

       FOIA requires a public body to respond to a FOIA request as soon as possible, but in any
event within 15 business days after the receipt thereof, either by providing access to the requested
records, denying access to the records or parts of them, or by advising that additional time is needed
because the request is for voluminous records, requires legal advice, or a record is in storage or

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