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PR 20-46 Fitzmorris v. Office of the Auditor General - Violation found

The Complainant alleged that the Office of Auditor General violated the APRA when it failed to respond to his public records request. The undisputed evidence indicated that the request, which was sent by mail, was not received because of the Auditor General's failure to update its website and APRA procedures with the proper/current mailing address. We found the Office Auditor General violated the APRA by failing to provide updated and accurate APRA procedures on its website. Based on the totality of the circumstances, we did not find sufficient evidence of a willful and knowing, or reckless, violation or that injunctive relief was appropriate. VIOLATION FOUND.