Welcome to MuckRock's Massachusetts Public Records Law appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about Massachusetts's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Resubmit with Form/Letterhead/Etc.
Thank you to JPat Brown for contributing to this entry. This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
Agencies will sometimes ask that a request be submitted through an online form or on letterhead - there is no legal basis for this exemption.
Example Appeals
An agency cannot require a requester to submit a request, per SPR's guidance:
"There are no strict rules that govern the manner in which requests for public information should be made. Requests may be made in person or in writing. Written requests may be made in person, by mail, facsimile or email."
Please begin processing the request in accordance with the law.
Proper Use
None, though a requester can decide to use the form as a good faith gesture.
Improper Use
Agencies cannot legally require a requester to use a form - if an agency is refusing to process a request purely on the basis of the form in which is was submitted (and not the content/scope of the request), they are violating the law.
Key Citations
See the SPR’s Guide, page 14: “There are no strict rules that govern the manner in which requests for public information should be made. Requests may be made in person or in writing. Written requests may be made in person, by mail, facsimile or email.”