Delaware Administrative Code Title 8 - Public Information (FOIA)
Here’s a comprehensive overview of Delaware Administrative Code, Title 8 – Public Information (FOIA):
📘 What It Covers
Title 8 codifies the policies and procedures for processing FOIA requests under Chapter 100 of Title 29 of the Delaware Code, across numerous state agencies—e.g., National Guard, Department of Education, Department of Transportation, etc. (regulations.justia.com, law.cornell.edu)
Each agency sets its own rules—covering definitions, request procedures, fees, and appeals—while complying with the core FOIA statute.
✏️ Key Components
1. Definitions
Common terms are standardized across agencies, such as:
“FOIA Request”
“Agency”
“FOIA Coordinator”
“Public Record”
“Non‑Custodial Record”
These are typically defined in sections like §100‑2.0 or §1300‑2.0. (law.cornell.edu)
2. Request & Response Procedures
Written requests can usually be submitted in writing—mail, email, fax, online. Must sufficiently describe requested records. (de.ng.mil)
Agencies have 15 business days to respond—by providing records, denying access, or requesting more time for valid reasons. (de.ng.mil)
Some agencies (like National Guard) are subject to federal timelines—e.g., 20 working days for federal FOIA. (de.ng.mil)
3. Fee Structures
Photocopies: Typically, first 20 pages free; small fees per page (e.g., $0.10 B&W, extra for color/oversized). (de.ng.mil)
Administrative fees: Charged for staff time over one hour; billed per quarter hour at lowest qualified employee rate. (de.ng.mil)
Electronic records: Charged based on media and admin time. (de.ng.mil)
Requests exceeding certain thresholds must receive pre‑estimates before fulfillment. (de.ng.mil)
4. Handling Non-Custodial Records
Agencies request these from third parties on behalf of the requester and provide cost estimates in advance. (de.ng.mil)
5. Reviews & Redactions
Agencies review records, redacting exempt content per Delaware Code § 10002 (e.g., privacy, trade secrets). Otherwise, disclosure is presumed. (de.ng.mil)
6. Appeals & Exemptions
If denied, requesters are informed of appeal options.
Exemptions align with § 10002(g) or federal exemptions in federal FOIA cases such as the National Guard. (de.ng.mil)
🏛 Agency-Specific Examples
Delaware National Guard (8 Del. Admin. Code § 100): Details coordinator roles, timelines, fee structure, reading room procedures, appeals, etc. (de.ng.mil)
Dept. of Technology & Information (8 Del. Admin. Code § 1300): Employs a similar structure—purpose, definitions, access procedures, fees, applicability. (regulations.justia.com)
Across agencies, the structure remains consistent, adapting to distinctive operational needs.
✅ Summary
Title 8 serves as the statewide framework for public access to government records via FOIA. Though each agency—like the National Guard or Dept. of Technology—creates its own subpart of Title 8 with slight variations (e.g., internal timelines, fee amounts), all adhere to the overarching structure: definitions, request processes, fees, review procedures, and appeals.
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