Accessing Public Records
Many times the government records you are seeking are available without an Access Public Records Act (APRA) request. It is good to first reach out directly to an agency to discuss the information you are seeking and whether or not a formal APRA request is needed. Requests that involve older records or are voluminous in nature will likely benefit from the APRA process.
Open Record vs. Public Record
All records created by public bodies are public records, but not all public records are open to the public. RI General Law § 38-2-2 identifies which types of records are not considered open records.
When you may not need an APRA
Example: You’re about to purchase a house and you wish to see the original septic system plan. You do not need to file an APRA request. You reach out the Department of Environmental Management to request the information.
When you may need an APRA
Example: You're interested in the history of Rocky Point and as part of your research, you want to know about the acquisition of the land. This would likely require an APRA request from the Department of Environmental Management.
Why you should contact the agency first
Example: You want to learn about the contract for snow removal from state highways. You submit your request to the Department of Transportation, but, in their response, they tell you they do not possess those records. In fact, these records need to be requested through the Department of Administration's Division of Purchases. Sometimes an initial phone call to an agency before submitting a request can help make sure you are able to get the records you're looking for.
Below are some of the most common agencies that receive an APRA request, examples of the types of records they hold, and links to their APRA request forms or instructions.
Agency | Example | APRA Form |
---|---|---|
Department of Environmental Management Visit their website |
Site assessments, permit and licensing registrations. | File APRA |
Department of Health Visit their website |
Inspection results on a property for lead or food safety. | File APRA |
Division of Business Regulation Visit their website |
Enforcement actions such as decisions, consent agreements and orders by the Division. | File APRA |
Municipal Governments | Licensing applications, permit registrations, and inspection reports. | Contact your city or town |
Rhode Island State Police/Public Safety Visit their website |
Accident reports and arrest logs. | File APRA |
Rhode Island Department of Education Visit their website |
Contracts, performance reports and evaluations. | File APRA |
Department of Children, Youth and Families Visit their website |
Case reports, licensing records, confidential information requests | File APRA |
Division of Labor and Training Visit their website |
Licensing and inspection results. | File APRA |
Division of Purchases Visit their website |
Bid submissions for a specific RFP. | File APRA |
Department of Transportation Visit their website |
Roadwork and construction projects on State maintained roads and highways. | File APRA |
General Officers
To request information from currently sitting general officers, please contact their office. Some records of previous general officers may be at the Rhode Island State Archives, of which, pursuant to RI General Law § 42-8.1-7(e)(1) these records may be sealed and therefore unavailable. You may contact the State Archives to see which previous administrations have records and if they are available.
Agency | APRA Form |
---|---|
Governor Visit their website |
File APRA |
Lieutenant Governor Visit their website |
File APRA |
Secretary of State Visit their website |
File APRA |
General Treasurer Visit their website |
File APRA |
Attorney General Visit their website |
File APRA |
Processing an APRA request
The agency has 10 business days from the date they receive the request to respond at which point they will either provide the records, request a 20-day extension, or inform you that they do not have the records you requested. In the process of requesting an extension, the agency may provide an itemized invoice of what the retrieval will cost.
- The agency may charge up to $15 per hour after the first hour to retrieve records or process the request. See Statute.
- The agency may charge $0.15 per page printed. See Statute.
- If you think there has been an APRA violation, please contact the Office of the Attorney General.
NOTE: All state agencies must have APRA procedures in policy or regulations. See the Department of State’s APRA regulations.
What is a public record?
Public records are records created by our state agencies. Public records come in many forms, including correspondence, calendars, photographs, videos, websites, databases, social media accounts, and more.
What is an APRA request?
APRA was designed to facilitate transparency in government. An APRA request is a way to formally request open public records that are not readily available. APRA requests are submitted directly to the agency or department that created the document. Once you enter the APRA process, the agency is limited solely to documents you have requested and must follow procedures outlined in statute when seeking clarifications from you. The Office of the Attorney General enforces APRA, and the Department of State Public Records Administration oversees records retention.
APRA vs. FOIA
An APRA request is not the same as a Freedom of Information Act (FOIA) request. An APRA request is only for Rhode Island state and municipal levels of government. FOIA requests are to access federal-level public records.
Filing an APRA request
If you are instructed to file an APRA request:
- Fill out the agency’s APRA request form it provides, or write a letter or email stating, “This is an APRA request.”
- Provide contact information to send the requested information.