Access to Public Records
§ 38-2-7 Denial of access.
(a) Any denial of the right to inspect or copy records, in whole or in part
provided for under this chapter shall be made to the person or entity
requesting the right in writing giving the specific reasons for the denial
within ten (10) business days of the request and indicating the procedures for
appealing the denial. Except for good cause shown, any reason not specifically
set forth in the denial shall be deemed waived by the public body.
(b) Failure to comply with a request to inspect or copy the
public record within the ten (10) business day period shall be deemed to be a
denial. Except that for good cause, this limit may be extended in accordance
with the provisions of subsection 38-2-3(e) of this chapter. All copying and
search and retrieval fees shall be waived if a public body fails to produce
requested records in a timely manner; provided, however, that the production of
records shall not be deemed untimely if the public body is awaiting receipt of
payment for costs properly charged under § 38-2-4.
(c) A public body that receives a request to inspect or copy
records that do not exist or are not within its custody or control shall, in
responding to the request in accordance with this chapter, state that it does
not have or maintain the requested records.
History of Section.
(P.L. 1979, ch. 202, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch.
378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, §