Current through August, 2024
PREAMBLE
It is the policy of the Department of Agriculture to
provide for the examination of records consistent with Chapter I,
Article 6 of the Vermont Constitution and
1 V.S.A. §
315 et seq. Officers of government
are trustees and servants of the people and it is in the public
interest to enable any person to review and comment upon their
decisions. The department recognizes its duty to aid persons seeking
access to public information held by the department.
The department also has a duty to preserve the
security of public records and documents and to minimize damage which
could result from mishandling. It is also the duty of the department
to minimize the potential for disruption which requests for
information have on the work of public employees, and to collect a
reasonable fee from persons requesting information to cover costs
incurred in searching and copying documents and records. In order to
fulfill its responsibilities to the public the department adopts the
following procedures for responding to requests for information, in
accordance with and under the authority delegated by
1 V.S.A. §
315 et seq.
1. DEFINITIONS
For the purposes of these procedures:
a. "Commissioner" means the
Commissioner of Agriculture, or his duly authorized
representative.
b.
"Department" means the Department of Agriculture.
c. "Division" means one of the
groups into which the department is divided. These divisions are:
plant industry; weights and measures and retail inspection;
agricultural development; dairy; administration; livestock meat
inspection; livestock animal health; and laboratories.
d. "Public records" or "public
documents" means all papers, staff reports, individual salaries,
salary schedules, or any other written or recorded matters produced
or acquired in the course of agency business except the exceptions
stated in
1
V.S.A. §
317(b), annexed to
these procedures in attachment A.
e. "Requests for public records"
means requests to examine or copy public documents by any person.
This definition does not include requests for agricultural services
and information which the department provides to the public in its
normal course of business, and such request are exempt for, these
procedures.
PROCEDURES
2. The Commissioner shall designate
a person from each division to act as the custodian of public records
for that division.
3. All
requests for information must be made to the custodian using
department form RPR-1, annexed to these procedures as attachment
B.
4. Upon receiving a
request to inspect or reproduce documents the custodian shall
promptly produce the record for inspection, except that:
a. If the record is in active use
or in storage and is therefore unavailable at the time of the
request, the custodian shall certify this fact in writing to the
applicant and set a date and hour within five (5) working days of the
request when the record will be available for examination.
b. Under unusual circumstances the
five day period may be extended by a period of not more than ten
working days. "Unusual circumstances" means "to the extent reasonably
necessary for the proper processing of the particular request". When
usual circumstances require an extension of the waiting period before
inspection the custodian shall provide written notice of this fact to
the applicant, setting forth the reasons for the extension and the
date by which the records or documents are expected to be made
available.
UNUSUAL CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED
TO
(1) the need to search
for and collect the requested records from field facilities or other
establishments that are separate from the office processing the
request;
(2) the need to
search for, collect, and appropriately examine a voluminous amount of
separate records which are demanded in a single request;
and
(3) the need for
consultation with another agency having a substantial interest in the
determination of the request or among two or more components the
department having substantial subject matter interest therein, or
with the attorney general.
c. If the custodian is absent and
unable to rule on whether or not a document is a public document
subject to public access, then:
(1)
the Commissioner shall designate an interim custodian whenever the
absence will be for a period grater than one week, such as vacation
leave or a serious illness. The interim custodian shall have the full
powers of the custodian.
(2) the custodian shall designate a
member of his division staff to serve as temporary custodian during
periods of absence less than one week. The temporary custodian shall
have the power to approve inspection of all public documents.
(A) If the temporary custodian is
uncertain of the status of a document for the purpose of public
access, the decision regarding public inspection must be deferred
until advised in writing of the delay.
(B) Upon return to the office the
custodian shall promptly notify the applicant of the status of the
document for public access purposes, and shall set up an appointment
for inspection, when applicable.
d. A custodian who considers a
document to be exempt from inspection under the provisions of
1
V.S.A. §
317(b) shall so
certify this fact in writing to the applicant, stating the reasons
for denial of access to the document. Any denial of a request shall
set forth the names and titles of each person responsible for the
denial. Written notice shall be mailed to the application within two
(2) working days following such a determination, and shall include
notice of the right to appeal to the Commissioner any adverse
determination.
1. Appeals to the
commissioner shall be made on department form RPR-2, annexed to these
regulations as attachment C. Applicants who are denied access to
documents in the possession of the department shall be provided with
form RPR-2 for the purpose of their appeal.
e. The commissioner shall make a
determination with respect to any appeal within five (5) working days
after receipt of the appeal. If the commissioner upholds the denial
of the request, in whole or in part, the department shall notify the
person requesting information of the provisions for judicial review
of that determination under
1 V.S.A. §
319.
f. If a record does not exist or
cannot be identified from the description provided by the applicant,
the custodian shall certify in writing that the record does not exist
under the name given by the applicant or by any other name known to
the custodian.
5. CLERICAL PROCEDURES
a. All requests for access to
public records shall be kept on file by the custodian and copies of
all correspondence between applicants and the custodian or
commissioner shall be filed by the custodian.
6. TIME AND PLACE OF INSPECTION OF
DOCUMENTS
a. Inspection of records
and documents shall take place at the offices of the department
unless another site is specified by the custodian.
(1) The hours for inspection shall
be between nine o'clock and twelve o'clock in the forenoon and one
o'clock and four o'clock in the afternoon.
7. FEE SCHEDULE OF
COPIES, RECORDINGS
Before any materials are made available for
inspection or reproduction the applicant must reimburse the
department for the costs which will be incurred in providing the
material.
a. Photocopies:
Any reproduction of records or documents by the department shall be
provided by photocopy.
(1) Copies
must be made on department equipment by department
personnel.
(2) Department
personnel may not make handwritten or typed copies for the applicant.
The applicant may copy the record by hand if desired.
(3) Documents and records shall not
be removed from the custody of the department.
(4) A charge of eight cents ( $
.08) per copy shall be assessed againist an applicant to cover costs
of copying. The costs must be paid before copies are
reproduced.
b.
Recordings
(1) The procedures
required of department personnel in section 7a (1-3) are applicable
to sound recordings.
(2)
Public records preserved on a tape recording will be made avail-able
for the applicant to listen to.
(3) Copies of the tape will be
furnished on request. The copy will be made on a cassette tape by
department personnel.
(4)
A fee of $ 2.00 for each sixty minute cassette provided by the
department will be charged. Applicants may supply their own blank
cassette tape if they wish.
