Me. Rev. Stat. tit. 1, § 408

Public records available for public inspection and copying

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(REPEALED)

SECTION HISTORY

PL 1975, c. 758 (NEW). PL 2003, c. 709, §2 (RPR). PL 2007, c. 501, §1 (AMD). PL 2009, c. 240, §4 (AMD). PL 2011, c. 662, §4 (RP).

Notes of Decisions

Cited in 34 cases (3 in the last 5 years), 1988–2024 · leading case: Cook v. Lisbon School Committee

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Cook v. Lisbon School Committee (1996) me · cites it 4× “On February 16, 1995, Cook submitted a written request to the School Committee for inspection of public records pursuant to 1 M.R.S.A. § 408 (1989) and requested a hearing on the nonrenewal of her employment contract before a “board of three arbitrators.”

Cyr v. Madawaska School Department (2007) me · cites it 4× “DISCUSSION [¶ 6] The Department contends that the redacted portions of the report fall under at least one of three exceptions to public disclosure: subsections 6101(2)(B)(3), (5), and (6). [¶ 7] The report is a public record as defined by the Maine Freedom of Access Act (FOAA).”

Town of Burlington v. Hospital Administrative District No. 1 (2001) me · cites it 2× “that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, ... and has been received or prepared for use in connection with the transaction of public or governmental business .”

Blethen Maine Newspapers, Inc. v. State (2005) me · cites it 2× “" 1 M.R.S.A. § 408(1) (Supp.2004). It also provides that "[r]ecords that have been designated confidential by statute" are an exception to the definition of "public records" and are not subject to disclosure.”

Dow v. Caribou Chamber of Commerce & Industry (2005) me · cites it 2× “§ 408, which states that “every person has the right to inspect and copy any public record during the regular business hours of the agency or official having custody of the public record within a reasonable period of time after making a request to inspect or copy the public…”

Maine Health Care Ass'n Workers' Compensation Fund v. Superintendent of Insurance (2009) me · cites it 3× “The confidential nature of this information does not limit or affect its use by the superintendent in administering this Act, including, but not limited to, communications with the service agent, the Workers’ Compensation Board or the Maine Self-Insurance Guarantee Association.”

MacImage of Maine, LLC v. Androscoggin County (2012) me “§ 651 (2011) (stating that, notwithstanding FOAA, “this chapter governs fees for copying records maintained under this chapter”)); see also 1 M.R.S. § 408(1) (2011) (stating that the FOAA provisions regarding the right to inspect and copy public records apply “[e]xcept as…”

South Portland Police Patrol Ass'n v. City of South Portland (2006) me “” 1 M.R.S. § 408(1); see also 1 M.R.S. § 402(3) (defining public records).”

Bangor Publishing Co. v. City of Bangor (1988) me · cites it 2× “, 3 1 M.R.S.A. § 408 (1979) (emphasis added).”

Medical Mutual Insurance v. Bureau of Insurance (2005) me “1 M.R.S.A. § 408(1) (Supp.2004). The party seeking the denial of a request to inspect and copy a record pursuant to section 408(1) has the burden to demonstrate the basis for the denial.”

Springfield Terminal Railway Co. v. Department of Transportation (2000) me · cites it 2× “See 1 M.R.S.A. § 408 (1989). 1 Springfield argues that the trial court erred in deciding that those documents were not “public records” as defined by 1 M.”

Campbell v. Town of MacHias (1995) me “1 M.R.S.A. § 408 (emphasis added). A provision of the Criminal History Record Information Act, 16 M.”

Show all 34 citing cases →

— Me. Rev. Stat. tit. 1, § 408(1) — 14 cases

Cyr v. Madawaska School Department (2007) me “DISCUSSION [¶ 6] The Department contends that the redacted portions of the report fall under at least one of three exceptions to public disclosure: subsections 6101(2)(B)(3), (5), and (6). [¶ 7] The report is a public record as defined by the Maine Freedom of Access Act (FOAA).”

Blethen Maine Newspapers, Inc. v. State (2005) me “" 1 M.R.S.A. § 408(1) (Supp.2004). It also provides that "[r]ecords that have been designated confidential by statute" are an exception to the definition of "public records" and are not subject to disclosure.”

Maine Health Care Ass'n Workers' Compensation Fund v. Superintendent of Insurance (2009) me “The confidential nature of this information does not limit or affect its use by the superintendent in administering this Act, including, but not limited to, communications with the service agent, the Workers’ Compensation Board or the Maine Self-Insurance Guarantee Association.”

Dow v. Caribou Chamber of Commerce & Industry (2005) me “§ 408, which states that “every person has the right to inspect and copy any public record during the regular business hours of the agency or official having custody of the public record within a reasonable period of time after making a request to inspect or copy the public…”

— Me. Rev. Stat. tit. 1, § 408(3)(A) — 1 case

MacImage of Maine v. Hancock County (2009) mesuperct

— Me. Rev. Stat. tit. 1, § 408(3)(B) — 1 case

MacImage of Maine v. Hancock County (2009) mesuperct

— Me. Rev. Stat. tit. 1, § 408(3)(C) — 1 case

MacImage of Maine v. Androscoggin County (2009) mesuperct

— Me. Rev. Stat. tit. 1, § 408(6) — 1 case

Hawes v. Cumberland County Sheriff's Office (2022) mesuperct

— Me. Rev. Stat. tit. 1, § 408(7) — 1 case

Hawes v. Cumberland County Sheriff's Office (2022) mesuperct

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