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Status Update on FOIA Request for Fair Hearing Decisions – A Message from Past President David Slepian

March 9, 2017

March 8, 2017

Dear Colleagues:

I am pleased to report that at today’s FOIC hearing, the commission approved the hearing officer’s recommended decision and amended along the lines of what we requested to establish a deadline for full compliance.  In other words, DSS must provide us with all fair hearing decisions for 2013, 2014, 2015 and Jan/Feb 2016 on a rolling basis over the course of the next year.  This also sets a precedent, and we plan to request and receive all fair hearing decisions issued after that period as well.  (Under FOIA only information that has already been created can be requested – in other words the commission has no power to require production of documents etc. prospectively.)  Obviously, the DSS can appeal so we will keep everyone updated.

This is the best result we could have hoped for and I would like to thank fellow committee member Hank Weatherby  for his able work on this, and extend a special thank you to Kristen Sweet, our attorney.

Best,

David Craig Slepian