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About Search Results

The advisory opinion library currently includes:

Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.

The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.

A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.

Results 1 - 2 of 2

Advisory Opinion 04-059

September 16, 2004; Eagan Charter Commission

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...

Description: Is the Eagan Charter Commission subject to Minnesota Statutes, Chapter 13? If the answer to question 1 is yes, did the Eagan Charter Commission comply with Minnesota Statutes, Chapter 13, in its response to a July 16, 2004, request for access to data? If the answer to question 1 is yes, is the Eagan Charter Commission in compliance with Minnesota Statutes, Chapter 13, if it has not prepared the public access procedures required pursuant to section 13.03, subdivision 2(b)? If the answer to question 1 is yes, did the Eagan Charter Commission comply with Minnesota Statutes, Chapter 13, when it refused to allow the data requestor to make copies with his portable copy machine or take digital photographs of the data he was inspecting?

Category: Copy costs, Inspection, Records management/retention

Keywords: Copy costs, Inspection, Records management/retention, Charter commissions (Chapter 410), Copies made by requestor, Personal electronic device used, Commissions, Public access procedures, Records Management Act statute (138.17) (See also: Official Records Act)

Commissioner: Brian J. Lamb

mn.gov/admin/data-practices/opinions/library/opinions-library.jsp?id=36-267352

Advisory Opinion 02-036

October 7, 2002; Minnesota Secretary of State

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...

Description: Pursuant to Minnesota Statutes Chapter 13, has the Minnesota Secretary of State Office (OSS) responded appropriately to a request to inspect - via downloading - the following data: all UCCs, tax liens, and many other public records? The requestor wishes to download the data from the OSS using his own equipment and staff.

Category: Commercial value, Copy costs, Electronic data, Inspection, Legislative authority and intent

Keywords: Commercial value, Copy costs, Electronic data, Inspection, Legislative authority and intent, Commercial value, Copies made by requestor, Enhanced data, Subscription fees, Inspection vs. copying, in general, Personal electronic device used, Electronic files, website, Remote access

Commissioner: David F. Fisher

mn.gov/admin/data-practices/opinions/library/opinions-library.jsp?id=36-267840

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