965 CMR 2.01 - General Provisions

(1) Authority. 965 CMR 2.00 is promulgated pursuant to M.G.L. c. 66A, § 3.

(2) Application. 965 CMR 2.00 shall apply to the Department of the State Auditor.

(3) Scope; Exemptions. 965 CMR 2.00 shall govern the collection, maintenance and dissemination of personal data. 965 CMR 2.00 shall not apply to:

(a) Criminal offender record information as defined in M.G.L. c. 6, § 167;

(b) Intelligence or evaluative information as defined in M.G.L. c. 6, § 167;

(c) Personal data contained in a public record as defined in M.G.L. c. 4, § 7;

(d) Information not otherwise excluded by 965 CMR 2.01(3)(a) through (c) that is gathered during the course of an audit conducted pursuant to M.G.L. c.11, §§ 12 and 13, until such time as the audit is released;

(e) Information not otherwise excluded by 965 CMR 2.01(3)(a) through (d) that is gathered by the Department pursuant to M.G.L. c. 75C, c. 75D, and c. 93, § 20A; and

(f) Any other statute restricting the release of personal data.

(4) Policy on Fees. Where applicable, the Department will charge fees where an individual requests a copy be made of the record to which he is granted access, pursuant to the fee schedule set forth in 965 CMR 2.01(5).

(5) Fee Schedule. The Department will charge a fee substantially equivalent to the actual cost of reproducing records and an additional fee reasonably related to the cost of making a search of a system of records.

(6) Payment of Fees. The Department will require prepayment of fees unless it waives the requirement.

Notes

965 CMR 2.01