US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Rhode Island General Laws » Title 38 - Public Records » Chapter 38-2 - Access to Public Records

Section 38-2-1. – Purpose.

§ 38-2-1. Purpose. The public’s right to access to public records and the individual’s right to dignity and privacy are both recognized to be principles of the utmost importance in a free society. The purpose of this chapter is to facilitate public access to public records. It is also the intent of this chapter to […]

Section 38-2-10. – Burden of proof.

§ 38-2-10. Burden of proof. In all actions brought under this chapter, the burden shall be on the public body to demonstrate that the record in dispute can be properly withheld from public inspection under the terms of this chapter. History of Section.P.L. 1979, ch. 202, § 1.

Section 38-2-11. – Right supplemental.

§ 38-2-11. Right supplemental. The right of the public to inspect public records created by this chapter shall be in addition to any other right to inspect records maintained by public bodies. History of Section.P.L. 1979, ch. 202, § 1.

Section 38-2-12. – Severability.

§ 38-2-12. Severability. If any provision of this chapter is held unconstitutional, the decision shall not affect the validity of the remainder of this chapter. If the application of this chapter to a particular record is held invalid, the decision shall not affect other applications of this chapter. History of Section.P.L. 1979, ch. 202, § […]

Section 38-2-13. – Records access continuing.

§ 38-2-13. Records access continuing. All records initially deemed to be public records which any person may inspect and/or copy under the provisions of this chapter, shall continue to be so deemed whether or not subsequent court action or investigations are held pertaining to the matters contained in the records. History of Section.P.L. 1986, ch. […]

Section 38-2-15. – Reported violations.

§ 38-2-15. Reported violations. Every year the attorney general shall prepare a report summarizing all the complaints received pursuant to this chapter, which shall be submitted to the legislature and which shall include information as to how many complaints were found to be meritorious and the action taken by the attorney general in response to […]

Section 38-2-16. – 38 Studios, LLC investigation.

§ 38-2-16. 38 Studios, LLC investigation. Notwithstanding any other provision of this chapter or state law, any investigatory records generated or obtained by the Rhode Island state police or the Rhode Island attorney general in conducting an investigation surrounding the funding of 38 Studios, LLC by the Rhode Island economic development corporation shall be made […]

Section 38-2-2. – Definitions.

§ 38-2-2. Definitions. As used in this chapter: (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or administrative body of the state, or any political subdivision thereof; including, but not limited to: any department, division, agency, commission, board, office, bureau, authority; any school, fire, or water district, or other agency of Rhode […]

Section 38-2-3.1. – Records required.

§ 38-2-3.1. Records required. All records required to be maintained pursuant to this chapter shall not be replaced or supplemented with the product of a “real-time translation reporter”. History of Section.P.L. 2000, ch. 430, § 1.

Section 38-2-3.16. – Compliance by agencies and public bodies.

§ 38-2-3.16. Compliance by agencies and public bodies. Not later than January 1, 2013, and annually thereafter, the chief administrator of each agency and each public body shall state in writing to the attorney general that all officers and employees who have the authority to grant or deny persons or entities access to records under […]

Section 38-2-3.2. – Arrest logs.

§ 38-2-3.2. Arrest logs. (a) Notwithstanding the provisions of § 38-2-3(e), the following information reflecting an initial arrest of an adult and charge or charges shall be made available within forty-eight (48) hours after receipt of a request unless a request is made on a weekend or holiday, in which event the information shall be […]

Section 38-2-4. – Cost.

§ 38-2-4. Cost. (a) Subject to the provisions of § 38-2-3, a public body must allow copies to be made or provide copies of public records. The cost per copied page of written documents provided to the public shall not exceed fifteen cents ($.15) per page for documents copyable on common business or legal size […]

Section 38-2-6. – Repealed.

§ 38-2-6. Repealed. History of Section.P.L. 1979, ch. 202, § 1; Repealed by P.L. 2012, ch. 448, § 3, effective September 1, 2012; P.L. 2012, ch. 454, § 3, effective September 1, 2012.

Section 38-2-7. – Denial of access.

§ 38-2-7. Denial of access. (a) Any denial of the right to inspect or copy records, in whole or in part provided for under this chapter shall be made to the person or entity requesting the right in writing giving the specific reasons for the denial within ten (10) business days of the request and […]

Section 38-2-8. – Administrative appeals.

§ 38-2-8. Administrative appeals. (a) Any person or entity denied the right to inspect a record of a public body may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to […]

Section 38-2-9. – Jurisdiction of superior court.

§ 38-2-9. Jurisdiction of superior court. (a) Jurisdiction to hear and determine civil actions brought under this chapter is hereby vested in the superior court. (b) The court may examine any record which is the subject of a suit in camera to determine whether the record or any part thereof may be withheld from public […]