Open Records

Maine’s public records law is the Maine Freedom of Access Act (FOAA), enacted in 1959 and found at 1 M.R.S.A. §§ 400-414. It grants a broad right to inspect and copy public records held by state and local government bodies, while balancing legitimate government interests and individual privacy.

Who can request records

Anyone may request records – you don’t need to state a reason, and there’s no restriction on how you use records once you obtain them.

What’s covered

A “public record” is broadly defined – any written, printed, or graphic matter, or any mechanical or electronic data compilation, in the possession of a state or local agency or official, that was received or prepared in connection with public or governmental business. FOAA applies broadly across legislative, executive, administrative, county, and municipal entities. There’s no single central government records office – each public body or agency handles its own FOAA requests, so you need to identify and contact the specific agency likely to hold the records you want.

How to request

Requests don’t have to be in writing – verbal requests are technically valid – but most agencies ask for a written request to create a clear record of what was asked for and when. There’s no required form, though many agencies provide one for convenience. Be as specific as possible, ideally identifying documents by author, date, and title if known.

Response timeline

Agencies must acknowledge receipt of a request within 5 working days. If a request is denied (in whole or in part), the agency must provide written notice of the denial, with reasons, within that same 5-working-day window. There is NO fixed statutory deadline for actually producing approved records – they must be made available “within a reasonable period of time” after the request, which isn’t further defined by statute. In practice, most requests are simple and take just minutes to fulfill; more complex requests (spreadsheets, legal review, hand redactions) take longer.

Fees

– The first 2 hours of staff time per request are free under Maine law. – Beyond that, agencies may charge up to $25/hour for the time spent searching for, retrieving, and compiling records (including review and redaction of confidential information). – Standard copying fees run around $0.10/page, plus actual shipping costs. – A deposit may be required for estimated time beyond the free 2 hours; unused funds are refunded, and if the actual time exceeds the estimate, records aren’t released until the balance is paid. – There’s no fee just to inspect records in person during regular office hours.

Exemptions

FOAA exempts several categories, including records designated confidential by statute, materials covered by attorney-client or work-product privilege, security plans or procedures meant to prevent acts of terrorism, medical records, juvenile records, and the personal contact information of public employees contained within otherwise-public records.

If your request is denied

Denials can be appealed to the Maine Superior Court. Maine also has a Public Access Ombudsman within the Office of the Attorney General, who can informally mediate disputes and answer compliance questions before a formal appeal becomes necessary – a helpful lower-stakes first step. The burden of justifying any withholding falls on the government agency, not the requester.

A note on terminology

Maine’s law is officially the “Freedom of Access Act” (FOAA) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).