The Rhode Island Department of Business Regulations ("DBR") violated the APRA when it failed to timely respond to Complainant's APRA request dated July 10, 2013. See R.I. Gen. Laws § 38-2-7. This Department did find, however, that DBR did not waive its right to assert reasons for withholding certain documents, After an in camera review, this Department found that the documents concerned third parties and were deemed "confidential by law" under certain insurance examination statutes. Thus, this Department was satisfied that "good cause" had been established to overcome a waiver argument. See R.I. Gen. Laws § 38-2-7(a).
DBR was allowed ten (10) business days to provide a response explaining why this Department should not find its failure to timely respond to Complainant's APRA request knowing and willful, or alternatively, reckless, in light of DBR's recognition of the APRA requirements and this Department's precedent. A supplemental finding will follow.