PR 15-50B MacDougall v. Department of Health and Office of Drinking Water Quality (DOH and DWQ)

WASHINGTON, D.C. – (RealEstateRama) — In MacDougall v. Department of Health and Office of Drinking Water Quality (DOH and DWQ), PR 15-50, this Department concluded that the DOH and DWQ violated the APRA when it failed to respond to the Complainant’s APRA request. The sole issue addressed in the supplemental finding was whether the DOH and DWQ’s violation was willful and knowing, or reckless. After reviewing the DOH and DWQ’s supplemental response, we concluded there was insufficient evidence to find that the violation was willful and knowing, or reckless.

The evidence revealed that while awaiting additional and remaining responsive documents, the Complainant’s file was apparently set aside and, as such, the DOH and DWQ failed to respond to the APRA request within the time frame required under the APRA. See Finnegan v. Town of Scituate, PR 15-41, (The Town of Scituate violated the APRA when it failed to mail its denial letter within ten (10) business days of a request. The evidence suggested that the denial letter was timely prepared, but and was mistakenly not mailed to the Complainant).