|Office of the Attorney General - State of Texas
March 11, 1999
Mr. Eric M. Bost
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.
June B. Harden
Ref.: ID# 123304
Enclosures: Submitted documents
cc: Mr. David Sosa
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US