Massachusetts Alcoholic Beverages Control Commission Investigation and Enforcement Division

OPERATIONS MANUAL

CHAPTER:A-019

SUBJECT:PERSONAL INFORMATION IN REQUESTS FOR FILES BY ATTORNEYS REPRESENTING LICENSEES WITH ENFORCEMENT HEARINGS SCHEDULED

AMENDS/SUPERSEDES: All Previous

DISTRIBUTION: All Investigators

______

PURPOSE:

To establish guidelines for information requests by attorneys representing licensees with enforcement actions / hearings scheduled before the commission.

PROCEDURE FOR INVESTIGATIVE REPORTS AND EXHIBITS:

  1. Attorney making request must file appearance for licensee in the pending matter.
  1. Investigator’s report and ALL evidence to be offered by investigator during the case-in-chief at hearing to be provided to attorney, provided Personal Information (“PI”) is redacted by investigator before furnishing to attorney.
  1. Before furnishing to attorney, PI identified per Attachment 1.
  1. No PI needs to be redacted for any person who provides written authorization to attorney requesting PI.
  1. Documents with redacted PI to be furnished within 48 hours from request.

Request to Review License Files:

In-Person Request

When a person requests to review a license file in person the following procedures need to be adhered to:

In-Writing Request

Start with Step 3

Step 1: General Request

  • The person must completely fill out a file request form
  • Employee at front deck will verify requesting party’s ID
  • Employee who took request will check off their name at the bottom of the request form
  • Clarify the cost for search and segregation time needed to respond to the request, along with the cost for copies, if any, at $0.25 per page copied

Step 2: 93H Public Record Notice

  • A copy of the 93H Public Record Notice is give to the person requesting file

Step 3: 1st Reviewer Process

  • The request along with file is given to an available reviewer (Ralph/Bill/Pat)
  • The reviewer will highlight all the personal information to be redacted, the file is then returned to

the front desk recipient of request

Step 4: Redacting Process

  • All pages containing highlighted information will be photocopied:
  • On each photocopied page, using a black marker, all personal information is completely blacked out
  • A photocopy will be made of the blacked out sheet and this photocopy sheet will be given to requesting party (original photocopied sheet will be shredded)
  • Count how many sheets will be given to requesting party (for cost purposes)
  • The original information will be place back in the file and returned to file room

Step 5: Response Process

  • Using a request response letter fill in the appropriate information (requesting party info; license file info; cost info)

Step 6: 2nd Reviewer Process

  • The completed requested material will be reviewed and signed off by Ralph/Bill/Pat before

released to the requesting party

  • Return to the front desk recipient of request

Step 7: Notify Requesting Party

  • Notify the requesting party that the requested information is completed and ready for release once

payment is made

A-019: 1