Constructive Denial

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.

There is no legal basis for an agency being completely unresponsive.

Example Appeals

New Hampshire "Access to Government Records and Meetings" Statute (RSA Ch. 91-A:4 § 4 ) specifically requires that an agency provide a response to a public records request within five business days of receipt of that request.

By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.

Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under New Hampshire Right to Know Law. Your accelerated attention to this matter will be greatly appreciated.

Proper Use

An agency has five days to respond to the initial request.

Improper Use

According to New Hampshire Access to Government Records and Meetings “If a public body or agency is unable to make a governmental record available for immediate inspection and copying, it shall, within 5 business days of request, make such record available, deny the request in writing with reasons, or furnish written acknowledgment of the receipt of the request and a statement of the time reasonably necessary to determine whether the request shall be granted or denied.”

Key Citations

RSA Ch. 91-A:4 § 4

ATV Watch v. New Hampshire Dep’t of Transp., 20 A.3d 919 (N.H. 2011)

Watch v. New Hampshire Dep’t of Res. & Econ. Dev., 923 A.2d 1061 (N.H 2007)

Brent v. Paquette, 567 A.2d 976 (N.H 1989)