Maine Public Records Law

Maine's Freedom of Access Act (FOAA) is a statute that grants citizens the right to inspect and copy public records while also protecting the privacy rights of individual citizens and legitimate government interests. The FOAA is based on the fundamental principles of transparency and open decision-making, thereby ensuring government accountability to the citizens of the state.

Where Do I Submit a Public Record Request in Maine?

Each government agency in the state appoints a Public Access Officer (PAO) to serve as the contact person for public records requests. The PAO is responsible for ensuring that public records requests are acknowledged within five working days of receiving them and responded to promptly. As such, you may submit a public record request to the PAO of the relevant agency from which you wish to obtain public records. Contact details of these PAOs are available at each agency's official website.

How Do I Request Public Records in Maine?

The state of Maine does not have a central government records office that serves FOAA requests. Each government agency responds to requests for its records. As such, before submitting a public records request, you must determine which agency will likely maintain the record you are looking for. Visit the agency's website for instructions on submitting a public records request. After that, you can submit a public record request to that agency's Public Access Officer (PAO) and pay applicable fees. See the State of Maine Freedom of Access Act list for each agency's public record access contact information.

Note that the FOAA does not require that requests for public records be in writing. However, most agencies may ask you to submit requests in writing for record keeping.

What Records are Public Records in Maine?

There are various public records in Maine. Common examples include:

  • Vital Records: birth, death, marriage, and divorce certificates and records.
  • Property Records: these include deeds, mortgages, tax property records, and land use permits.
  • Court Records: these include case files, motions, court orders, judgments, and transcripts. These case files include every information generated across the state's trial court system, which comprises the superior courts, the district courts, and the probate courts.
  • Government Financial Records: these include budgets, expenditure reports, contracts, and audit reports.
  • Election Records: these include all information on elections conducted within the state.

Who Can Request Public Records in Maine?

Per M.R.S §408-A, any person has the right to inspect and copy public records in Maine. The term "person", as referred to in this statute, includes individuals, corporations, and associations.

What Is the Response Time for Public Records Requests in Maine?

In Maine, Public Access Officers (PAO) are mandated by law to acknowledge receipt of a public record request within five working days of receiving a public record request. There is no specific response time for public records requests in the state. However, the PAO must provide the requester with a non-binding estimate of the time frame within which the agency will comply with the request and ensure that the agency makes a reasonable effort to fully respond to the request within the estimated time frame. It is important to note that public records requests may not be processed unless the requester pays any applicable fee required for reproducing the record.

What Is the Fee Charged for Providing Copies of Public Records?

There is no initial fee for submitting FOAA requests in Maine. However, PAOs are statutorily allowed to charge reasonable fees to cover the cost of copying public records. Generally, the FOAA authorizes agencies to charge $15 per hour after the first hour of staff time per request. However, since October 18, 201, agencies may charge $25 per hour after the first two hours of staff time per request.

What Records Are Exempted Under the Maine Public Law?

Per State Law, certain records are exempt from public disclosure. These records include but are not limited to:

  • Records of ongoing investigation
  • Juvenile records
  • Mental health records
  • Personal information contained in a communication between a constituent and an elected official
  • Medical records and reports of municipal ambulance