Section 14-2-11. Procedure for Denied Requests
The Law
A. Unless a written request has been determined to be excessively burdensome or broad, a written request for inspection of public records that has not been permitted within fifteen days of receipt by the office of the custodian may be deemed denied. The person requesting the public records may pursue the remedies provided in the Inspection of Public Records Act.
B. If a written request has been denied, the custodian shall provide the requester with a written explanation of the denial. The written denial shall:
(1) describe the records sought;
(2) set forth the names and titles or positions of each person responsible for the denial; and
(3) be delivered or mailed to the person requesting the records within fifteen days after the request for inspection was received.
C. A custodian who does not deliver or mail a written explanation of denial within fifteen days after receipt of a written request for inspection is subject to an action to enforce the provisions of the Inspection of Public Records Act and the requester may be awarded damages. Damages shall:
(1) be awarded if the failure to provide a timely explanation of denial is determined to be unreasonable;
(2) not exceed one hundred dollars ($100) per day;
(3) accrue from the day the public body is in noncompliance until a written denial is issued; and
(4) be payable from the funds of the public body.
Commentary
REQUESTS DEEMED DENIED
A request for inspection may be expressly denied, as discussed below, or may be deemed denied in certain circumstances. Except for excessively burdensome or broad requests, if a written request to inspect records has not been granted within 15 calendar days after the custodian receives the request, the requester may deem the request denied. As discussed in Chapter IX, an excessively burdensome or broad request may be deemed denied if not granted within a reasonable time after the end of the 15 day period. (See Appendix I for chart illustrating the deadlines imposed by the Act.)
Example 61:
Mr. Edd submits a written request to the state board regulating cattle brands for information about a particular brand. The board does not give Mr. Edd any written response concerning when the records will be available, when the agency will be able to respond to the request, whether the agency has denied the request or whether the agency has determined that the request is excessively burdensome or broad. After waiting 20 days, Mr. Edd files an action in district court requesting that the board be ordered to provide the requested records. Such a lawsuit is proper under the Act’s procedures.
PROCEDURE FOR DENYING REQUESTS
For requests to inspect that are denied, the custodian must mail or deliver a notice to the requester within 15 days of receiving the request. (See Appendix II, Form V.) The denial notice must be in writing, describe the records sought to be inspected, set forth the names and titles or positions of each person responsible for the denial, and explain the reason for the denial. The reason provided in the denial notice must be authorized by the Act, another law, court rule, or the U.S. or state constitution, as discussed in Chapter III, Section B.10.
Example 62:
A reporter submits a written request to a city police department to inspect the records kept by the officer investigating a recent murder. Three days after receiving the request, the records custodian for the department mails the reporter a notice stating that the records are available for inspection immediately, with the following exceptions: records revealing confidential sources, methods, information or individuals accused but not charged with a crime. The notice also sets forth the names and positions of the custodian and the police officer as the persons responsible for the denial and cites Section 14-2-1(A)(4) of the Act, which protects law enforcement records, as the reason for the denial. This notice complies with the Act.
DAMAGES FOR FAILURE TO PROVIDE A WRITTEN DENIAL
If a custodian does not deliver or mail a written explanation of denial within 15 days of receiving a request to inspect, an action to enforce the Act may be brought and damages awarded to the requester. Damages are not recoverable if the failure to provide a timely explanation of denial is shown to be reasonable. If unreasonable, a custodian’s failure to provide the required explanation may result in damages of up to $100 per day until the written explanation is provided. The Act does not make the custodian personally responsible for payment of any damages awarded, but provides for payment from the funds of the public body.
Example 63:
The records custodian for an agency goes on vacation for three weeks. On the first day of her vacation, the office receives a request to inspect certain records that the agency maintains. The request is placed in the absent custodian’s “in box.” On the day she returns from vacation (21 days after the inspection request was received), the custodian finds the request, determines the request should be denied and immediately mails a written explanation to the requester. The requester files an action in district court because the explanation was not mailed in a timely fashion. If the court determines that the reason for the delay was not reasonable, it could award damages of up to $600 ($100 per day for day 16 through day 21).