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PR 17-31 Levitt v. Department of Corrections – No Violation

There was no evidence that the DOC unreasonably conducted its search and retrieval, which consisted of two hours, the first hour being free. Because the Complainant did not tender pre-payment, as a matter of law, the DOC could not have denied access. R.I. Gen. Laws 38-2-7(b). The DOC did deny the Complainant access to what it interpreted as a request for identifiable attendance records, but such records are exempt from disclosure under the APRA. See R.I. Gen. Laws 38-2-2(4)(A)(I)(b); Direct Action for Rights and Equality v. Gannon, 713 A.2d 218 (R.I. 1998).

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