Maine Freedom of Access Act

Response Timeline

Maine has no fixed statutory deadline for responding to public records requests. Agencies must acknowledge receipt and provide a good faith estimated timeline. The statute requires records to be made available during normal business hours.

No residency requirement. Any person may request public records regardless of location or citizenship.

How to Submit a Request

Accepted Methods

• Written — Email, mail, or delivered to agency
• In person — Accepted at agency offices during business hours
• Oral — Oral requests may be accepted

No specific format required. Written requests recommended for documentation. Must describe records with enough specificity for the agency to locate them.

Required Elements

• Description of records requested
• Requester contact information

Optional Elements

• Preferred format (paper vs electronic)
• Preferred delivery method

Fees

Copying fees must be at reasonable cost. Search and retrieval labor is capped at $15 per hour maximum, with the first hour free. Format conversion (e.g., paper to electronic) is charged at actual cost. This fee structure is notably requester-friendly with the $15/hour cap and free first hour.

Fee Waivers

• First hour of search/retrieval labor is always free
• Agencies may waive fees at their discretion

The first hour of staff search and retrieval time is always free, effectively waiving fees for most simple requests. Agencies may exercise discretion for additional waivers.

Exemptions

• Records designated confidential by statute (section 402(3)(A))
• Records that would be within the scope of a privilege against discovery or use in a civil or criminal trial (section 402(3)(B))
• Legislative papers, drafts, notes, and memoranda (section 402(3)(C))
• Trade secrets and confidential commercial or financial information
• Records relating to security assessments and infrastructure protection (section 402(3)(L))
• Personnel records except as provided by other statutes
• Investigative records compiled for law enforcement purposes
• Attorney-client privileged communications
• Medical records and personal health information
• Juvenile justice records and proceedings

Exemptions are listed in section 402(3). Maine uses a broad 'privilege' exemption that incorporates all privileges recognized in civil and criminal proceedings. The security/terrorism exemption was added post-9/11. The legislative drafts exemption protects pre-introduction legislative work product.

Appeal Process

Maine provides an AG ombudsman for FOAA disputes who can provide informal mediation and guidance. This is not a binding decision but can be useful for resolving disputes without litigation. If unsatisfied, requesters may file suit in Superior Court. Court review is de novo.

Request Templates

Records Retention

5 MRSA Ch. 6, §§ 95-A through 95-C

View retention law →

Retention schedule catalog →

The Maine State Archives and Archives Advisory Board establish retention schedules pursuant to Title 5 §95-B. Title 5 §95-C requires all state and local government records be covered by retention schedules regardless of format.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Maine →
• NFOIC State FOI Resources →