But, such information would be available if MPA were a resident of Arkansas.
“Please be advised that pursuant to A.C.A. §25-19-105 (a) (1) (A), public records are only available to “… any citizen of the State of Arkansas,” Hall wrote. “It appears from an analysis of your request, including a review of your company website and web search for your listed area code, that you are not a citizen of Arkansas. Given this, ADWS is unable to provide you any documents in response to your request. The basis for this restriction to citizens can also be inferred from Ark. Code Ann. § 25-19-102 which indicates the purpose of the FOIA is to allow “electors”, in other words citizens, to learn of the activities of government and armed with that information, to participate more effectively in the democratic process.”
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MPA then reached out to Karyn Tierney, director of consumer services and legislative affairs at the Arkansas Securities Department. In response to MPA’s query, she emailed a list of mortgage companies in her state – a robust compendium listing thousands of industry players. Additionally, she volunteered that Arkansas has weathered the storm of shifting market conditions well enough to avert layoffs so far. “We really haven’t seen a downturn yet,” she said. “We’re still seeing the same level of applications received pretty much the same as it was this time last year. Hopefully it’ll still that way. In the area I live in there are three new housing projects coming up within just a couple of miles of me. We don’t need a downturn.”
But Hall added: “I will save both of us some time by letting you know that the information you seek under a FOIA request would be exempt from disclosure pursuant to Ark. Code Ann.§ 11-10-314 which explicitly states that such information is exempt from the Arkansas Freedom of Information Act of 1967.”
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