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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2014

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AND NOW, this 12th day of June, 2014 in accordance with 29 Del.C. §10003(b) for the reasons stated below, this ORDER is adopted promulgating regulations setting forth the Policies and Procedures of the Delaware Department of Elections for Kent County regarding Freedom of Information Act (“FOIA”) requests.
The purpose of these regulations is to prescribe procedures relating to the inspection and copying of public records retained by the Department of Elections for Kent County pursuant to 29 Del.C. Ch. 100, the FOIA. The regulations establish a reasonable fee structure for copying, printing or electronically delivering public records as well as streamlining the procedures used to disseminate the information.
1. The Department of Elections for Kent County has developed procedures for responding to requests from the public for information as set forth in 29 Del.C. Ch. 100. These regulations are in substantial compliance with, and necessary to, effectuate 29 Del.C. Ch. 100.
3. Pursuant to 29 Del.C. §10113(b)(1), regulations describing a Department’s procedures for obtaining information are exempted from the notice and public comment requirements of 29 Del.C. Ch. 101.
Department” means the Department of Elections for Kent County
Deputy Director means the Deputy Director, Department of Elections for Kent County.
Director” means the Director, Department of Elections for Kent County.
FOIA” means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.
FOIA Coordinator” means the person designated by the Director and/or Deputy Director to receive and process FOIA Requests.
FOIA Request” or “Request” means a request to inspect Public Records pursuant to 29 Del.C. §10003 and in accordance with the policy hereunder.
FOIA Request Form” means the form promulgated by the Office of the Attorney General upon which requests for Public Records may be made.
Non-Custodial Records” shall have the meaning set forth in Section 3.6.
Public Record” shall have the meaning set forth in 29 Del.C. §10002.
Requesting Party” means the party filing a FOIA Request.
Web Site: http://electionskc.delaware.gov/
3.7 Review by Department. Prior to disclosure, records may be reviewed by the Department to ensure that those records or portions of records deemed non-public may be removed pursuant to 29 Del.C. §10002(g) or any other applicable provision of law. In reviewing the records, all documents shall be considered Public Records unless subject to one of the exceptions set forth in 29 Del.C. §10002(g) or any other applicable provision of law. Nothing herein shall prohibit the Department from disclosing or permitting access to Public Records if the Department determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.
Last Updated: December 31 1969 19:00:00.
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