How many days does a Delaware state agency have to respond to a FOIA public records request?

Official title

17-IB18 07/11/2017 FOIA Opinion Letter to Mr. Greg Wood re: FOIA Complaint Concerning the Department of Insurance

Plain-English summary

A requester sent a FOIA records request to the Delaware Department of Insurance (DOI) on May 5, 2017, by both email and U.S. Mail. DOI later said it had no record of receiving the mailed copy, though it acknowledged receiving the emailed copy. When the requester followed up with the Attorney General's office in June 2017 about the lack of a response, DOI provided a response the next day, more than 15 business days after the May 5 request. The AG determined that this delay violated FOIA's requirement that a public body respond to a records request within 15 business days of receiving it. Because DOI had already responded by the time the AG ruled, and told the AG it would put new internal procedures in place for handling requests sent to its legal mailbox, the AG did not order any further remediation. The opinion noted that a requester who wants additional relief beyond a finding of violation has to seek it in court, since the AG's office isn't authorized to impose penalties for FOIA violations.

Currency note

This opinion was issued in 2017. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: How long does a Delaware public body have to respond to a FOIA records request?
A: Per this opinion, 29 Del. C. § 10003(h)(1) requires a public body to respond to a FOIA request as soon as possible, and in any event within 15 business days of receiving it.

Q: What happens if a Delaware agency misses the FOIA response deadline?
A: In this case, the AG found the Department of Insurance had violated FOIA by responding late, but ordered no additional remediation because the department had already sent its response and said it would change its internal procedures for handling FOIA requests. The opinion notes that a requester who wants more than that has to seek relief in court, since the AG's office cannot impose penalties for FOIA violations.

Background and statutory framework

Delaware's FOIA required a public body to respond to a records request "as soon as possible, but in any event within 15 business days of receipt thereof," 29 Del. C. § 10003(h)(1). This office does not have authority to impose punitive measures for a FOIA violation; a requester who believes additional relief is warranted must seek it in court.

Citations and references

Statutes:

• 29 Del. C. §§ 10001-10007, the Freedom of Information Act
• 29 Del. C. § 10003(h)(1), requiring a public body to respond to a FOIA request within 15 business days of receipt

Source

• Landing page: https://attorneygeneral.delaware.gov/2017/07/11/17-ib18-07112017-foia-opinion-letter-mr-greg-wood-re-foia-complaint-concerning-department-insurance/
• Original PDF: https://attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2017/07/Attorney-General-Opinion-No.-17-IB18.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

CIVIL DIVISION (302) 577-8400
FAX: (302) 577-6630

DEPARTMENT OF JUSTICE CRIMINAL DIVISION (302) 577-8500
NEW CASTLE COUNTY FAX: (302) 577-2496
MATTHEW P. DENN 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 17-IB18
July 11, 2017
VIA EMAIL

Greg Wood
[email protected]

RE: June 16, 2017 FOIA Correspondence Regarding the Delaware Department of
Insurance

Dear Mr. Wood:

I write in response to your correspondence, received on June 16, 2017,[1] alleging that the
Delaware Department of Insurance ("DOI") violated the public records provisions of Delaware's
Freedom of Information Act, 29 Del. C. §§ 10001-10007 ("FOIA"). Specifically, you allege that
DOI violated FOIA by failing to provide a timely response to your May 5, 2017 request for
records.[2] The DOI provided a response to the request on June 14, 2017, one day after your initial
correspondence with this Office.[3] The DOI has indicated that it has no record of having received
your request via United States Mail, but has acknowledged that it did in fact receive your request
via email.[4] Based upon the record, it is my determination that the DOI violated FOIA by failing

[1] We note that your initial correspondence with this office was dated June 13, 2017 and
supplemented per our request on June 16, 2017. As the supplemental information was critical to
our evaluation of your FOIA allegation, we deem your petition to have been received in its entirety
on June 16, 2017.

[2] You stated that you submitted your request via email and United States Mail.

[3] Response Letter at 2. The record demonstrates that you forwarded a copy of your May 5,
2017 request to DOI via email on June 12, 2017 per DOI's request.

[4] DOI asserts that the email was inadvertently deleted and was retrieved with the assistance
of the Delaware Department of Technology and Information. Id. at 1.

to provide a response to your request within 15 business days of its receipt thereof on May 5, 2017.[5] As the DOI has since provided a response to your request and has indicated that it "will be
instituting new internal procedures for handling FOIA requests submitted to the [DOI]'s legal
mailbox,"[6] additional remediation is not necessary at this time.[7] To the extent you believe
additional relief to be warranted for this FOIA violation, you are free to seek redress from the
courts.[8]

Very truly, yours,

Chief Deputy Attorney General

cc: Aaron R. Goldstein, State Solicitor (via email)
Michelle E. Whalen, Deputy Attorney General (via email)
Kathleen Makowski, Deputy Attorney General (via email)

[5] See 29 Del. C. § 10003(h)(1) ("The public body shall respond to a FOIA request as soon
as possible, but in any event within 15 business days of receipt thereof. ...").

[6] Response Letter at 2.

[7] As your petition was limited to the question of whether DOI violated FOIA by failing to
provide a timely response to your May 5, 2017 request, this determination does not address
whether the DOI's response to the request violated FOIA.

[8] See Del. Op. Att'y Gen. 16-IB23, 2016 WL 7010495, at *2 (Oct. 28, 2016) ("[T]his Office
is not vested with the authority to impose punitive measures for FOIA violations. You are free to
seek redress in the courts if you believe that additional relief is warranted.") (citation omitted).