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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2013

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8 DE Admin. Code 401
AND NOW, this 2nd day of May, 2013, in accordance with 29 Del.C. §10003(d), for the reasons stated below, this ORDER is adopted repealing the prior policies and procedures and promulgating new Policies and Procedures regarding FOIA requests.
In accordance with 29 Del.C. §10113(b)(1), the Professional Standards Board is updating its prior procedures governing the Policies and Procedures regarding FOIA requests to be consistent with the Department of Education's policies and provide for a uniform process. The purpose of the updated policies is to prescribe procedures relating to the inspection and copying of public records retained by the Professional Standards Board pursuant to 29 Del.C. Ch. 100, the Freedom of Information Act. The procedures establish a reasonable fee structure for copying public records and streamlines procedures used to disseminate this information.
1. The Professional Standards Board has developed new procedures for responding to requests from the public for information as set forth in 29 Del.C. Ch. 100, The Freedom of Information Act. These regulations are in substantial compliance with, and necessary to meet the statutory requirements. The regulations reflect these procedures.
3. Pursuant to 29 Del.C. §10113(b)(1), regulations describing an agency's procedures for obtaining information are exempted from the notice and public comment requirements of 29 Del.C. Ch. 101.
APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 2nd DAY OF MAY, 2013
The purpose of this policy is to set forth the rules and procedures for responding to requests from the public for Public Records under 29 Del.C. Ch. 100, the Freedom of Information Act.
"Agency" means the Delaware Professional Standards Board (PSB or Standards Board).
"FOIA" means the Freedom of Information Act as established pursuant to 29 Del.C. Ch. 100.
"FOIA Coordinator" shall mean the PSB Executive Director or other person designated by the PSB Chairperson to receive and process FOIA Requests.
"FOIA Request" or "Request" means a request to inspect or copy 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" shall mean the party filing a FOIA Request.
"Standards Board" means the Delaware Professional Standards Board.
3.7 Review by Agency. Prior to disclosure, records may be reviewed by the Agency 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 Agency from disclosing or permitting access to Public Records if the Agency determines to disclose such records, except where such disclosure or access is otherwise prohibited by law or regulation.
In instances in which paper records are provided to the Requesting Party, photocopying fees shall be as follows:
Last Updated: December 31 1969 19:00:00.
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