Public records
What happens when a request is refused
A refusal is not the last word in Maine: Title 1, section 408-A, subsection 4 makes every denial subject to appeal under section 409. What the published text gives, and what it leaves out, is laid out here.

A refusal in Maine carries its remedy in the same statute. Title 1, section 408-A, subsection 4 of the Maine Revised Statutes, read on the Legislature's website on September 6, 2026, makes a denial "subject to appeal as provided in section 409". On the pages read that day, that line is all the section publishes about the aftermath: it names no forum, no deadline, no form. The rest of what a requester can verify sits nearby, in the clocks and the fees that run before any refusal arrives.
One line, one cross-reference
Subsection 4 does not describe the appeal; it points to it. The line does its work in eight words and stops. The denial, in the words of the statute read on September 6, 2026, is "subject to appeal as provided in section 409", and the section 408-A page publishes nothing further about how such an appeal starts, who hears it or when. The page is otherwise well equipped for travel: alongside the text it carries a link to the section as a PDF and as an MS-Word file, a Statute Search, the contents of Chapter 13, the contents of Title 1, a List of Titles and a Maine Law & Disclaimer page. The mechanics of the appeal are simply not on this page. A reader who needs them uses one of those doors and goes deeper into the statutes.
Is a late answer a refusal?
Refusal has to be told apart from slowness, and the statute gives the instruments for that. Subsection 3 requires an agency or official to acknowledge receipt "within 5 working days of receiving the request", then to provide, within a reasonable time, a good faith, nonbinding estimate of the time frame. Neither clock produces a decision. The estimate is nonbinding in the statute's own word, so an answer that arrives long after it is a late answer, not on the face of this text a denial. What silence amounts to, and whether a requester may treat it as refusal, is something the pages read on September 6, 2026 do not publish, and this site will not supply the missing rule. The earlier stages of a request, and how a request proceeds, step by step, are set out elsewhere on this site.
The numbers a refusal interrupts
A request can be priced before it is decided, and section 408-A sets the prices itself. The statute, read on September 6, 2026, forbids any fee for the first 2 hours of staff time per request and allows a charge of not more than $25 per hour after that. A copy of the standard kind, described exactly as a black and white copy on paper 8 1/2 inches by 11 inches, may cost no more than 10 cents a page. Advance payment may be required only where the estimated total cost exceeds $100. What a request may cost across its whole life is the subject of a separate page on this site; the table below gathers the statutory figures, each with the subsection that carries it.
| Rule the statute sets | Figure | Where it sits |
|---|---|---|
| Acknowledgement of receipt | within 5 working days | subsection 3 |
| Estimate of the time frame | within a reasonable time, nonbinding | subsection 3 |
| First block of staff time | no fee for the first 2 hours | subsection 8, paragraph B |
| Staff time after that | not more than $25 per hour | subsection 8, paragraph B |
| Standard black and white copy | no more than 10 cents a page | subsection 8, paragraph A |
| Payment in advance | only if the estimate exceeds $100 | subsection 10, paragraph A |
Why the statute refuses anything
The state publishes a summary of this law on maine.gov, and its wording, read on September 6, 2026, is where the purpose of a refusal appears in public. The Act, the page says, "grants the people of this state a broad right of access to public records while protecting legitimate governmental interests and the privacy rights of individual citizens", and it "ensures the accountability of the government to the citizens of the state by requiring public access to the meetings of public bodies". A denial sits inside that balance: the same law that opens the records also shields the interests it calls legitimate. The summary page does not carry all of it. It publishes no statutory citation, no definitions, no rules on who may request, and nothing on the ombudsman's powers. Those silences belong to the page, and this site repeats them rather than filling them.
Where does the appeal under section 409 go?
Here the published record goes quiet, and the honest thing is to say so. Subsection 4 names section 409 as the provider of the appeal and stops there: the pages read on September 6, 2026 publish no forum, no time limit and no procedure for it, and the summary page on maine.gov is no fuller on the point. What the question has within reach is the text of section 409 itself, and the section 408-A page supplies the instruments. The Statute Search link and the Ch. 13 Contents link both lead back into the statutes, and the section itself is published there as a PDF and as an MS-Word file. The citation is the address, Title 1, section 409. How a citation is built, from title number to section number, is explained elsewhere on this site, because that is the skill that makes an unpublished summary unnecessary.
Two sections on one screen
The refusal clause sends the reader to another section, and the reading it asks for can be done entirely on the Legislature's website. The page for section 408-A publishes the section under its heading, Public records available for inspection and copying, with the PDF and MS-Word versions beside it and the Statute Search one click away. A reader can bring section 409 up next to subsection 4, through the search or through the chapter contents, and read in one sitting the clause that refuses and whatever the appeal section publishes in answer. That comparison, clause against clause on the official site, is the nearest thing to the mechanics of refusal that the pages read on September 6, 2026 offer, and reading it requires only the Legislature's website and the citation, Title 1, sections 408-A and 409.