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2022 Op. Del. Att'y Gen. 1 (2022)

handle is hein.sag/sagde0069 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
KATHLEEN JENNINGS           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. 22-IBOI
January 28, 2022
VIA EMAIL
Ken Grant
ken.grant7 @ gmail.con
RE:    FOIA Petition Regarding! the Delaware Department of Transportation
Dear Mr. Grant:
We write regarding your correspondence alleging that the Delaware Department of
Transportation (DelDOT) violated the Delaware Freedom of Information Act, 29 Del. C. §§
10001-10007 (FOIA). We 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.
For the reasons set forth below, we find that DelDOT violated FOIA by denying your first request
seeking all Division of Motor Vehicle Forms 215 (MV215 forms) within the designated
timeframe. However, we determine that DelDOT sufficiently supported its denial of your second
request.
BACKGROUND
You submitted three requests to DelDOT through its online portal seeking records related
to applications for salvage certificates without title. You submitted your first request to DelDOT
on November 15, 2021:
[R]ecords of all APPLICATION FOR SALVAGE CERTIFICATE WITHOUT
TITLE - State of Delaware Form 215 filed with the State of Delaware between
January 1, 2019 and October 31, 2021[.] As long as the records include the person

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