Bail Enforcement Agents (Delaware Insurance Department)

Curtis Waltman filed this request with the Delaware Insurance Department of Delaware.
Status
Rejected

Communications

From: Curtis Waltman

To Whom It May Concern:

Pursuant to Delaware's Freedom of Information Act, I hereby request the following records:

Records relating to bail enforcement Agents also known as BEA's, Bounty Hunters, bail agents, bail recovery agents, bail recovery agents, skip tracers, or fugitive recovery agents. An itemized list of the records I am requesting about BEA's follows:

-Any training material including syllabi, power point presentations, or any distributed reading material. Please conduct this portion of the search from 1/1/05 to the date this request was processed on.

-Any regulations, policies, guidelines, or any other rules made to limit or manage what a BEA can and cannot do.

-Use of force policies for BEA's.

-All complaints against any BEA licensed or permitted by this agency with the following date range: 1/1/05 to the date this request is processed on.

-Financial documentation concerning the gross income of the Bail Enforcement industry in the state. In addition or in the event the agency does not keep documentation about the overall finances going to Bail Enforcement, any documentation about billing, salary/payment range, or potential benefits are also requested.

-Number of injuries and fatalities reported per year from the Bail Enforcement industry from 1/1/05 to the date this request was processed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Curtis Waltman

From: Caiola, Joanne (DOI)

Good afternoon, Mr. Waltman:

Please find attached the Department's Final Response letter dated 05/03/2017 regarding your FOIA request. This response is being sent via email only. Thank you.

Have a great day,
Joanne Caiola
Joanne Caiola, Paralegal
Delaware Department of Insurance-Legal Unit
841 Silver Lake Boulevard - SLC: D400
Dover, DE 19904-2465
Phone: 302-674-7316
Fax: 302-739-5566
Email: joanne.caiola@state.de.us<mailto:joanne.caiola@state.de.us>

Confidentiality: The information transmitted by this e-mail is considered privileged and confidential and is intended for the use of the addressee(s) named above. If the reader of this message is not the intended recipient, be aware that any dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify me and delete the e-mail from your system. Thank you.

From: Hudson, Wendy L (DSHS)

Good Morning -

This email is to acknowledge that the Delaware Department of Safety and Homeland Security (DSHS), received your faxed Freedom of Information Act (FOIA) request, see below.

Please note that FOIA allows access to "public records," unless the public record requested falls within one of the enumerated statutory exemptions. See 29 Del. C. §10002 (definition of "public record" and specific exemptions); 29 Del. C. § 10003 (setting forth FOIA request procedures).

Your request has been sent for legal review and we will provide an update within 15 business days.

From: Delaware Insurance Department

The request has been rejected by the agency.

From: Hudson, Wendy L (DSHS)

Response sent 5/25 and closed.

Curtis Waltman
MuckRock
DEPT MR 36747
411A Highland Avenue
Somerville, MA 02144-2516

RE: Freedom of Information Act Request

Dear Mr. Waltman:

By letter dated April 25, 2017 and received May 8, 2017, you made a request under the Delaware Freedom of Information Act (FOIA) for:
“-Any training material including syllabi, power point presentations, or any distributed reading material. Please conduct this portion of the search from 1/1/05 to the date this request was processed on.
-Any regulations, policies, guidelines, or any other rules made to limit or manage what a BEA can and cannot do.
-Use of force policies for BEA's.
-All complaints against any BEA licensed or permitted by this agency with the following date range: 1/1/05 to the date this request is processed on.
-Financial documentation concerning the gross income of the Bail Enforcement industry in the state. In addition or in the event the agency does not keep documentation about the overall finances going to Bail Enforcement, any documentation about billing, salary/payment range, or potential benefits are also requested.
-Number of injuries and fatalities reported per year from the Bail Enforcement industry from 1/1/05 to the date this request was processed.”

The Division of the Delaware State Police (DSP) has determined that the records you requested are exempt as you are out of state you are not entitled to receive documents under FOIA, the Supreme Court of the United States has upheld state statutes that limit FOIA requests to state citizens only, such as Delaware. McBurney v. Young, 569 U.S. ____ (Apr. 29, 2013)(Docket 12-17).). (See Att’y Gen. Op. 16-IB20).

Sincerely,

Colonel Nathaniel McQueen, Jr.
Superintendent
[http://email.requests.muckrock.com/o/eJwNzEsOgyAQANDTlOVkGGHABYualms0lk80RklB0vT2df_yotOaxeoIpUFGwhFRSmBLyIDkPd8n7dUT_fSgm8KaPj21s8Hew1ZL2CCUXSxuNqyHFKx9UxwyShWCYkOopMp6zFlcbH-t0Q2WjCZR3Tcd8QdLj60cV9zO-UwQE_T2B6QRKz4]

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