§38-2-7  Denial Of Access. –

Published: 2015

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Public Records


Access to Public Records

SECTION 38-2-7

   § 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, §