Director dismisses extension appeal as moot, directs petitioner to CAO for substantive search claims

Director Pearson dismissed an appeal about an extension request involving the Department of Health and Human Services (DHHS) as moot after the agency produced responsive records and a CAO decision that redirected some search‑adequacy challenges to other CAOs.

Petitioner Britney Broadbent told the hearing she received a substantive response that revealed gaps: incomplete email chains, missing underlying audit and supporting documents, omitted attachments and referenced communications that were not produced. She argued the production itself demonstrated the search was not reasonably calculated to find responsive records and asked the director to order a more comprehensive search and an in‑camera review of disputed records.

David Fury (appearing for DHHS) said his understanding of the day's appeal was limited to the agency's extension/timeliness, and that the agency had provided records that rendered that portion moot. Fury also said some DRHM/DCFS matters were directed to the respective CAO in a recent decision (dated 05/01/2026 by Eric Stott).

Pearson reviewed the CAO decision during the hearing, observed that DHRM and DCFS may be the appropriate CAOs for parts of Broadbent's complaint, and determined the appeal concerning the extension was moot because the record responses had been provided. He advised Broadbent to consult the ombudsman and pursue CAO review on substantive search issues (including separate appeals to DHRM or DCFS as appropriate) and said he would issue a written order of dismissal within seven business days.

The director's oral dismissal does not prevent Broadbent from filing subsequent CAO appeals about the scope or adequacy of the agency search; the director encouraged her to follow the CAO process for the particular subagency identified in the CAO decision.