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98-ORD-100 is cited to support the principle that a public agency which possesses or uses public records cannot avoid its duties under the Open Records Act by deferring to another agency, even if the records might be more appropriately obtained from that other agency. This decision is used to argue against BCCSS's position that the request must be made to the Cabinet as the 'official custodian' of the records.
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Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
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