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March 11, 1999

Mr. Eric M. Bost
Commissioner
Texas Department of Human Services
P.O. Box 149030
Austin, Texas 78714-9030

OR99-0692

Dear Mr. Bost:

You ask this office to reconsider our ruling in Open Records Letter No. 98-3290 (1998). Your request for reconsideration was assigned ID# 123304.

The Texas Department of Human Services (the "department") received a request for information regarding job posting SC-211-98-286. In Open Records Letter No. 98-3290, this office concluded that the department could not withhold the requested information under section 552.122 of the Government Code because the department had failed to timely request a ruling from this office. In your request for reconsideration, you argue that our acknowledgment form confirms that this office received your request for a decision within the statutory time period. See Gov't Code 552.301.

The request for information was submitted to the department on October 1, 1998. Your request for a decision from this office is dated October 15, 1998, which is precisely ten business days after the department received the request for information. However, your request for a decision was transmitted via facsimile and received by this office on October 20, 1998. Furthermore, the acknowledgment form only states that this office received your correspondence dated 10/15/98," not that this office received your correspondence on October 15, 1998. After reviewing the information presented, we conclude that you have not furnished satisfactory proof that your request for a decision was submitted to this office within the statutory time period. See Gov't Code 552.308. We, therefore, affirm Open Records Letter No. 98-3290 (1998).

If you have any questions about this ruling, please contact our office.

Sincerely,

June B. Harden
Assistant Attorney General
Open Records Division

JBH/ch

Ref.: ID# 123304

Enclosures: Submitted documents

cc: Mr. David Sosa
2012 Arpdale Street
Austin, Texas 78704
(w/o enclosures)


 

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