(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 allow public inspection within ten (10) business days
after the submission of the review petition.
(b) If the custodian of the records or the chief administrative officer determines that
the record is not subject to public inspection, the person or entity seeking disclosure
may file a complaint with the attorney general. The attorney general shall investigate
the complaint and if the attorney general shall determine that the allegations of
the complaint are meritorious, he or she may institute proceedings for injunctive
or declaratory relief on behalf of the complainant in the superior court of the county
where the record is maintained. Nothing within this section shall prohibit any individual
or entity from retaining private counsel for the purpose of instituting proceedings
for injunctive or declaratory relief in the superior court of the county where the
record is maintained.
(c) The attorney general shall consider all complaints filed under this chapter to have
also been filed pursuant to the provisions of § 42-46-8(a), if applicable.
(d) Nothing within this section shall prohibit the attorney general from initiating a
complaint on behalf of the public interest.
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1991–2025 · leading case:
Downey v. Carcieri, 996 A.2d 1144 (R.I. 2010).
Downey v. Carcieri, 996 A.2d 1144 (R.I. 2010).
· cites it 12× “This conclusion is not inconsistent with this Court's previous characterization of G.L.1956 § 38-2-8. See Rhode Island Federation of Teachers, AFT, AFL-CIO v.”
Providence Journal Co. v. Rhode Island Dep't of Pub. Saf., 136 A.3d 1168 (R.I. 2016).
“O’Donnell pursuant to § 38-2-8, which was also denied. Finding no relief through this preliminary out-of-court skirmishing, on October 22, 2012, the Journal filed a complaint in Providence County Superior Court, alleging violations of, inter alia, the APRA, the United States…”
Direct Action for Rights & Equality v. Gannon, 713 A.2d 218 (R.I. 1998).
“, § 38-2-8(a) (“[a]ny person denied the right to inspect a record of a public body by the custodian of the record may petition the chief administrative officer of that public body for a review” (emphasis added)).”
Rhode Island Fed'n of Teachers, AFT v. Sundlun, 595 A.2d 799 (R.I. 1991).
· cites it 2× “The first remedy is an administrative appeal under § 38-2-8(a). The second remedy pursuant to § 38-2-8(b) would be to seek the aid of the Attorney General in instituting proceedings for injunctive or declaratory relief.”
Bernard v. Vose, 730 A.2d 30 (R.I. 1999).
“The petitioner incorrectly assumes the right to both remedies based upon § 38-2-8(b). That statute allows a person or entity denied the right to inspect a public record to file a complaint with the Attorney General and seek in-junctive relief.”
LMG Rhode Island Holdings, Inc. v. Off. of Governor Daniel J. McKee, 335 A.3d 444 (R.I. 2025).
· cites it 3× “” Thereafter, on June 29, 2022, counsel for The Providence Journal filed a complaint with the Rhode Island Office of the Attorney General pursuant to § 38-2-8(b).3 Before the attorney general, The Providence Journal argued that the 3 Section 38-2-8(b) provides: “If the custodian…”
Ri Fed'n of Teachers v. Sundlun, 595 A.2d 799 (R.I. 1991).
· cites it 2× “The first remedy is an administrative appeal under § 38-2-8(a). The second remedy pursuant to § 38-2-8(b) would be to seek the aid of the Attorney General in instituting proceedings for injunctive or declaratory relief.”
Key Corp. v. Greenville Pub. Library, No. 20, 288 A.3d 974 (R.I. 2023).
· cites it 2× “The plaintiff argued that defendant is considered, and represented to be, a department of a municipal government, is included in the Town’s Annual Budget and its Comprehensive Annual Financial 1 Pursuant to G.L. 1956 § 38-2-8, once a public records request is made and denied,…”
Solas v. Town of South Kingstown, No. 1:24-cv-00310 (D.R.I. May 13, 2025).
· cites it 2× “G.L. § 38-2-8. Id. 44. This is when the dispute between Solas and the Defendants began to escalate.”
R.I. Gen. Laws § 38-2-8(a): 3 cases
Direct Action for Rights & Equality v. Gannon, 713 A.2d 218 (R.I. 1998).
“, § 38-2-8(a) (“[a]ny person denied the right to inspect a record of a public body by the custodian of the record may petition the chief administrative officer of that public body for a review” (emphasis added)).”
Rhode Island Fed'n of Teachers, AFT v. Sundlun, 595 A.2d 799 (R.I. 1991).
“The first remedy is an administrative appeal under § 38-2-8(a). The second remedy pursuant to § 38-2-8(b) would be to seek the aid of the Attorney General in instituting proceedings for injunctive or declaratory relief.”
Ri Fed'n of Teachers v. Sundlun, 595 A.2d 799 (R.I. 1991).
“The first remedy is an administrative appeal under § 38-2-8(a). The second remedy pursuant to § 38-2-8(b) would be to seek the aid of the Attorney General in instituting proceedings for injunctive or declaratory relief.”
R.I. Gen. Laws § 38-2-8(b): 5 cases
Downey v. Carcieri, 996 A.2d 1144 (R.I. 2010).
“This conclusion is not inconsistent with this Court's previous characterization of G.L.1956 § 38-2-8. See Rhode Island Federation of Teachers, AFT, AFL-CIO v.”
Bernard v. Vose, 730 A.2d 30 (R.I. 1999).
“The petitioner incorrectly assumes the right to both remedies based upon § 38-2-8(b). That statute allows a person or entity denied the right to inspect a public record to file a complaint with the Attorney General and seek in-junctive relief.”
Rhode Island Fed'n of Teachers, AFT v. Sundlun, 595 A.2d 799 (R.I. 1991).
“The first remedy is an administrative appeal under § 38-2-8(a). The second remedy pursuant to § 38-2-8(b) would be to seek the aid of the Attorney General in instituting proceedings for injunctive or declaratory relief.”
LMG Rhode Island Holdings, Inc. v. Off. of Governor Daniel J. McKee, 335 A.3d 444 (R.I. 2025).
“” Thereafter, on June 29, 2022, counsel for The Providence Journal filed a complaint with the Rhode Island Office of the Attorney General pursuant to § 38-2-8(b).3 Before the attorney general, The Providence Journal argued that the 3 Section 38-2-8(b) provides: “If the custodian…”
Ri Fed'n of Teachers v. Sundlun, 595 A.2d 799 (R.I. 1991).
“The first remedy is an administrative appeal under § 38-2-8(a). The second remedy pursuant to § 38-2-8(b) would be to seek the aid of the Attorney General in instituting proceedings for injunctive or declaratory relief.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.