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Prepared by:
William L. Chapman
ORR & RENO, P.A.
One Eagle Square, P.O. Box 3550
Concord, New Hampshire 03302-3550
603-224-2381
wlc@orr-reno.com
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FOREWORD |
Open Records |
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I. |
STATUTE -- BASIC APPLICATION |
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A. |
Who can request records? |
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1. |
Status of requestor. |
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2. |
Purpose of request. |
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3. |
Use of records. |
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B. |
Whose records are and are not subject to the act? |
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C. |
What records are and are not subject to the act? |
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1. |
What kind of records are covered? |
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2. |
What physical form of records are covered? |
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3. |
Are certain records available for inspection but not copying? |
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D. |
Fee provisions or practices. |
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1. |
Levels or limitations on fees. |
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2. |
Particular fee specifications or provisions. |
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3. |
Provisions for fee waivers. |
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4. |
Requirements or prohibitions regarding advance payment. |
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5. |
Have agencies imposed prohibitive fees to discourage requesters? |
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E. |
Who enforces the act? |
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1. |
Attorney General's role. |
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2. |
Availability of an ombudsman. |
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3. |
Commission or agency enforcement. |
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F. |
Are there sanctions for noncompliance? |
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II. |
EXEMPTIONS AND OTHER LEGAL LIMITATIONS |
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A. |
Exemptions in the open records statute. |
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1. |
Character of exemptions. |
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2. |
Discussion of each exemption. |
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B. |
Other statutory exclusions. |
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C. |
Court-derived exclusions, common law prohibitions, recognized privileges against disclosure. |
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D. |
Are segregable portions of records containing exempt material available? |
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E. |
Homeland Security Measures. |
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III. |
STATE LAW ON ELECTRONIC RECORDS |
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A. |
Can the requester choose a format for receiving records? |
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B. |
Can the requester obtain a customized search of computer databases to fit particular needs? |
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C. |
Does the existence of information in electronic format affect its openness? |
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D. |
How is e-mail treated? |
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E. |
Is software public? |
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F. |
How are fees for electronic records assessed? |
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G. |
Money-making schemes. |
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H. |
On-line dissemination. |
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IV. |
RECORD CATEGORIES -- OPEN OR CLOSED |
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A. |
Autopsy reports. |
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B. |
Bank records. |
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C. |
Business records, financial data, trade secrets. |
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D. |
Contracts, proposals and bids. |
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E. |
Collective bargaining records. |
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F. |
Coroners reports. |
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G. |
Election records. |
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H. |
Gun permits. |
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I. |
Hospital reports. |
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J. |
Personnel records. |
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1. |
Salary. |
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2. |
Disciplinary records. |
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3. |
Applications. |
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K. |
Police records. |
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1. |
Accident reports. |
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2. |
Police blotter. |
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3. |
911 tapes. |
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4. |
Investigatory records. |
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5. |
Arrest records. |
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6. |
Compilations of criminal histories. |
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7. |
Victims. |
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8. |
Confessions. |
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9. |
Confidential informants. |
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10. |
Police techniques. |
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11. |
Mug shots. |
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L. |
Prison, parole and probation reports. |
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M. |
Public utility records. |
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N. |
Real estate appraisals, negotiations. |
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O. |
School and university records. |
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1. |
Athletic records. |
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2. |
Trustee records. |
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3. |
Student records. |
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P. |
Vital statistics. |
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V. |
PROCEDURE FOR OBTAINING RECORDS |
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A. |
How to start. |
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1. |
Who receives a request? |
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2. |
Does the law cover oral requests? |
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a. |
Arrangements to inspect & copy. |
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b. |
If an oral request is denied: |
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3. |
Contents of a written request. |
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B. |
How long to wait. |
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C. |
Administrative appeal. |
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D. |
Court action. |
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1. |
Who may sue? |
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2. |
Priority. |
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3. |
Pro se. |
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4. |
Issues the court will address: |
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5. |
Pleading format. |
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6. |
Time limit for filing suit. |
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7. |
What court. |
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8. |
Judicial remedies available. |
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9. |
Costs and attorneys' fees. |
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10. |
Fines. |
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11. |
Other penalties. |
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12. |
Settlement, pros and cons. |
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E. |
Appealing initial court decisions. |
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1. |
Appeal routes. |
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2. |
Time limits for filing appeals. |
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3. |
Contact of interested amici. |
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F. |
Addressing government suits against disclosure. |
Open Meetings |
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I. |
STATUTE -- BASIC APPLICATION. |
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A. |
Who may attend? |
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B. |
What governments are subject to the law? |
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C. |
What bodies are covered by the law? |
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1. |
Executive branch agencies. |
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a. |
What officials are covered? |
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b. |
Are certain executive functions covered? |
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c. |
Are only certain agencies subject to the act? |
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2. |
Legislative bodies. |
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3. |
Courts. |
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4. |
Nongovernmental bodies receiving public funds or benefits. |
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5. |
Nongovernmental groups whose members include governmental officials. |
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6. |
Multi-state or regional bodies. |
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7. |
Advisory boards and commissions, quasi-governmental entities. |
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8. |
Other bodies to which governmental or public functions are delegated. |
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9. |
Appointed as well as elected bodies. |
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D. |
What constitutes a meeting subject to the law. |
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1. |
Number that must be present. |
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a. |
Must a minimum number be present to constitute a "meeting"? |
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b. |
What effect does absence of a quorum have? |
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2. |
Nature of business subject to the law. |
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3. |
Electronic meetings. |
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E. |
Categories of meetings subject to the law. |
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1. |
Regular meetings. |
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a. |
Definition. |
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b. |
Notice. |
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(1). |
Time limit for giving notice. |
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(2). |
To whom notice is given. |
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(3). |
Where posted. |
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(4). |
Public agenda items required. |
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(5). |
Other information required in notice. |
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(6). |
Penalties and remedies for failure to give adequate notice. |
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c. |
Minutes. |
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(1). |
Information required. |
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(2). |
Are minutes public record? |
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2. |
Special or emergency meetings. |
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a. |
Definition. |
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b. |
Notice requirements. |
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(1). |
Time limit for giving notice. |
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(2). |
To whom notice is given. |
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(6). |
Penalties and remedies for failure to give adequate notice. |
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c. |
Minutes. |
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(1). |
Information required. |
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(2). |
Are minutes a public record? |
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3. |
Closed meetings or executive sessions. |
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a. |
Definition. |
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b. |
Notice requirements. |
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c. |
Minutes. |
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d. |
Requirement to meet in public before closing meeting. |
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e. |
Requirement to state statutory authority for closing meetings before closure. |
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f. |
Tape recording requirements. |
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F. |
Recording/broadcast of meetings. |
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G. |
Are there sanctions for noncompliance? |
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II. |
EXEMPTIONS AND OTHER LEGAL LIMITATIONS |
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A. |
Exemptions in the open meetings statute. |
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1. |
Character of exemptions. |
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2. |
Description of each exemption. |
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III. |
MEETING CATEGORIES -- OPEN OR CLOSED. |
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A. |
Adjudications by administrative bodies. |
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B. |
Budget sessions. |
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C. |
Business and industry relations. |
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D. |
Federal programs. |
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E. |
Financial data of public bodies. |
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F. |
Financial data, trade secrets or proprietary data of private corporations and individuals. |
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G. |
Gifts, trusts and honorary degrees. |
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H. |
Grand jury testimony by public employees. |
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I. |
Licensing examinations. |
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J. |
Litigation; pending litigation or other attorney-client privileges. |
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K. |
Negotiations and collective bargaining of public employees. |
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1. |
Any sessions regarding collective bargaining. |
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2. |
Only those between the public employees and the public body. |
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L. |
Parole board meetings, or meetings involving parole board decisions. |
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M. |
Patients; discussions on individual patients. |
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N. |
Personnel matters. |
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O. |
Real estate negotiations. |
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P. |
Security, national and/or state, of buildings, personnel or other. |
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Q. |
Students; discussions on individual students. |
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IV. |
PROCEDURE FOR ASSERTING RIGHT OF ACCESS |
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A. |
When to challenge. |
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B. |
How to start. |
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1. |
Where to ask for ruling. |
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a. |
Administrative forum. |
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b. |
State attorney general. |
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c. |
Court. |
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2. |
Applicable time limits. |
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3. |
Contents of request for ruling. |
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4. |
How long should you wait for a response? |
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5. |
Are subsequent or concurrent measures (formal or informal) available? |
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C. |
Court review of administrative decision. |
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1. |
Who may sue? |
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2. |
Will the court give priority to the pleading? |
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3. |
Pro se possibility, advisability. |
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4. |
What issues will the court address? |
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a. |
Open the meeting. |
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b. |
Invalidate the decision. |
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c. |
Order future meetings open. |
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5. |
Pleading format. |
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6. |
Time limit for filing suit. |
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7. |
What court. |
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8. |
Judicial remedies available. |
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9. |
Availability of court costs and attorneys' fees. |
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10. |
Fines. |
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11. |
Other penalties. |
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D. |
Appealing initial court decisions. |
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1. |
Appeal routes. |
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2. |
Time limits for filing appeals. |
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3. |
Contact of interested amici. |
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V. |
ASSERTING A RIGHT TO COMMENT. |
Statutes |