DNREC News - DNREC Amends Freedom of Information Act Regulations To Allow Exemptions for Fees

Jan. 11, 2001
Vol. 31, No. 12

For more information contact David Small at 302-739-4403

DNREC Amends Freedom of Information Act Regulations To Allow Exemptions for Fees

Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale announced today that he has signed an order adopting regulations governing how the agency will administer the State's Freedom of Information Act (FOIA). The regulations, which will be published in the February Register of Regulations and become effective Feb. 12, 2001, have been modified to address concerns raised during the public hearing process.

Among the most significant changes is a waiver from administrative fees to process FOIA requests for individuals and for not-for-profit organizations working in the public interest. Individuals and not-for-profit organizations will also receive a waiver for up to $25 in copying costs. Under the new regulations, copy costs will be 10 cents per page. The Department currently charges 25 cents per page. To be eligible for the waiver from the administrative fees, individuals must submit an affadavit stating that they will not be deriving income from the use of the information.

"The regulations we are adopting reflect the comments we received from the public," said DiPasquale. "Under the new regulation, individuals and not-for-profit organizations will be paying less to obtain information than under the Department's current policy. These regulations will also ensure consistency in the way we respond to FOIA requests throughout the Department."

DiPasquale added that some elements of the new regulations are modeled after the policy used by the Environmental Protection Agency in administering the Federal Freedom of Information Act.

"We are making significant strides in making all of our information available electronically through the Internet," said DiPasquale. "As we continue on that path we expect the number of FOI A requests to eventually decline."

The new regulations also:

adopt current Departmental policy which increases the amount of information available to the public by defining criteria for determining what can be withheld as confidential;
require the Department to make every reasonable effort to assist people in identifying records being sought;
allow for information to be transferred in an electronic format; and
eliminate Delaware citizenship as a requirement in order to submit a FOIA request;

DNREC is the first state agency to promulgate regulations under the State Freedom of Information Act. These regulations represent one of a number of initiatives underway within the Department to make more information available to the public.

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Document no. 40-01/01/01/12

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