Request response times by state
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| 1. Select a state |
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Alabama • Alaska • Arizona Arkansas • California • Colorado Connecticut • Delaware • Florida Georgia • Hawaii • Idaho Illinois • Indiana • Iowa Kansas • Kentucky • Louisiana Maine • Maryland • Massachusetts Michigan • Minnesota • Mississippi Missouri • Montana • Nebraska Nevada • New Hampshire New Mexico • New Jersey New York • North Carolina North Dakota • Ohio • Oklahoma Oregon • Pennsylvania • Rhode Island South Carolina • South Dakota Tennessee • Texas • Utah Vermont • Virginia • Washington West Virginia • Wisconsin • Wyoming |
| 2. See also |
Most states specify a time period within which a response to a public records request must be made by. This page gives the time period of each state. All time frames given are business days and exclude weekends, holidays, etc.
Response time generally refers to the time frame within which a public body must either provide the requested records, ask for an extension to gather the records, or deny the request.
In 15 states (Alabama, Arizona, Delaware, Florida, Minnesota, Montana, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Wisconsin and Wyoming), there is no statutory time limit for public agencies to reply to open records requests. In 2008, Tennessee adopted a statutory time limit (seven days) for the first time.
The other 35 states specify a time within which public documents must either be furnished, denied, or an extension may be requested. Rhode Island gives the longest reply time (up to 30 days) and Mississippi requires the quickest turn-around of records (1 day if the agency does not have a written policy stating otherwise).
The mandatory response time under the Illinois Freedom of Information Act will be reduced on January 1, 2010 from seven days to five days.[1]
[edit] Select a state
Here is a list of request response times by state:
Alabama Public Records Law
- N/A
There are no established time requirements within the Alabama code other than that public officers are required to surrender the records once they have received the appropriate fees. [1]
Alaska Public Records Act
- N/A
The Alaskan law does not specify a time requirement for responding to public records requests other than that the department must give a certified copy upon payment of the fee.[1]
Arizona Public Records Law
- N/A
Arizona state law does not specify the amount of time allotted for filling a public records request.
Arkansas Freedom of Information Act
- 3 Days
Public bodies have 24 hours to determine eligibility of a FOIA request. [1]. If the records are unavailable, the department has three business days to assemble them.
California Public Records Act
- 10 Days
The California Public Records Act allows for 10 days for an agency to comply with a records request.[1]
- ↑ Cal. Gov't Code § 6253(c)
Colorado Open Records Act
- 3 Days
Colorado Law stipulates a three day deadline.
Connecticut Freedom of Information Act
- 4 days
The allotted response time for Connecticut open records requests is four days.
Delaware Freedom of Information Act
- 15 days
In 2010, the Delaware General Assembly added a 15 day response time for all FOIA requests. [1]
- ↑ Cite error: Invalid
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Florida Sunshine Law
- N/A
The act does not specify a specific response time.
Georgia Open Records Act
- 3 days
Government agencies must either comply with or deny a written request for public records within three working days after receiving it.
Specifically, the law says that the custodian of the requested records "shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days."
If the custodian denies the request, the custodian must issue the denial within three days.
Hawaii Uniform Information Practices Act
- 10 days
Hawaiian law allows for 10 business days to respond to records requests.[1]
Idaho Public Records Act
- 3 days
The PRA requires a department to respond within three business days to any request by either granting it or denying it. If the department feels that the request may take longer they may extend the time to ten days by notifying the person in writing.[1]
Illinois Freedom of Information Act
- 5 days
Government agencies must either comply with or deny a written request for public records within five working days after receiving it. The five-day rule goes into effect on January 1, 2010. Prior to then, the legal response time is seven days.
Under 5 ILCS 140/3(d), the 5-working-day time limit can be extended for 5 additional working days under these circumstances:
- If the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
- If the request requires the collection of a substantial number of specified records;
- If the request is couched in categorical terms and requires an extensive search for the records responsive to it;
- If the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
- If the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under the exemption provisions of the Act or should be revealed only with appropriate deletions;
- If the request for records cannot be complied with by the public body within the 7-working-days time limit without unduly burdening or interfering with the operations of the public body;
- If there is a need for consultation, which must be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.
Indiana Access to Public Records Act
- 7 days
The Indiana statute allows for 7 days to process APRA requests.[1]
Iowa Open Records Law
- 10-20 days
Iowa allows for 10-20 days for record request responses to be completed.
Kansas Open Records Act
- 3 days
Kansas statutes allow for three days to respond to a request. However, if the department feels it needs more time to complete the request, it may notify the person making the request in writing and provide the earliest possible date the records will be prepared. [1]
Kentucky Open Records Act
- 3 days
Kentucky law sets a three day limit on records requests but allows for extensions if the extension is justified in writing to the person requesting the records. [1]
Louisiana Public Records Act
- 3 days
Section 44:32(D) of the relevant statute dictates that the custodian of the records must respond to requests within three days. Weekends and holidays are excluded from the three day countdown.[1] The custodian of the records is required to respond in some fashion within the three-day window even if the custodian is still engaged in a decision process about which, if any, of the requested records can be withheld. See Association of Rights of Citizens v. St. Bernard, a 1990 case.
Maine Freedom of Access Act
- 5 days
The law does not specify a time limit with regard to positive request responses. However, a rejection must occur within 5 business days of the receipt of the request. [1]
Maryland Public Information Act
- 30 days
Maryland law allows the department 30 days to either grant the materials or deny the request. [1]
Massachusetts Public Records Act
- 10 days
Massachusetts' law allows 10 days for record responses. [1]
Michigan Freedom of Information Act
- 5 days
Michigan allows 5 days for FOIA requests. The agency can get an additional 10 day automatic extension.
Minnesota Data Practices Act
- N/A
There is no response time specified in the Minnesota law.
Mississippi Public Records Act
- 1-14 days
Mississippi law states that, if not decided upon by the individual department, departments have 1 working day to respond to PRA requests. However, departments may establish their own time limits of up to fourteen working days. [1]
Missouri Sunshine Law
- 3 days
Missouri law allows for three business days for the return of records requests. However, it does permit lengthening this but only with written notice by the custodian of the records.[1]
Montana Public Records Act
- N/A
No time limits are specified.
Nebraska Public Records Law
- 4 days
Nebraska law allows for four business days for the completion of records requests. However, it does permit extensions if the department requesting the extension submits a written statement of justification and declaration of the soonest the records can be made available to the person making the request. [1]
Nevada Open Records Act
- 5 days
Nevada law allows for five business days to respond to open records requsts, but permits extensions if notice is given to the person making the request, in writing.[1]
New Hampshire Right to Know Law
- 5 days
New Hampshire law allows for 5 days to respond to records requests. Extensions are available if the person making the request is notified in writing within 5 days of when the records will be available.[1]
New Jersey Open Public Records Act
- 7 days
New Jersey law allows for up to seven days to respond to a records request. Failure by a department to respond in the time frame is considered a denial of the request. [1]
New Mexico Inspection of Public Records Act
- 3 days
New Mexico law allows for three business days to respond to records request. However, if the assigned custodian is unable to obtain the records in that time, he or she must notify the person making the request in writing when the records will be available. The records must be made available within 15 days of the receipt of the request. [1] However, the law does leave an outlet for what are deemed "excessively burdensome" requests in that the custodian merely make the materials available in a reasonable amount of time. [2]
New York Freedom of Information Law
- 5 days
New York law allows for 5 days to respond to FOIL requests.[1]
- ↑ Freedom of Information Law section 89
North Carolina Public Records Law
- N/A
North Carolina is one of seventeen states that sets no absolute deadline for government agencies to fulfill FOIA requests. Section § 132-6 of the NCGS states that a custodian of public records shall make them available "at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law."[1]
- ↑ N.C. General Statute, 132-6
North Dakota Open Records Statute
- N/A
No response times are specified.
Ohio Open Records Law
- N/A
The Ohio law does not specify a time limit on open records request.
Oklahoma Open Records Act
- N/A
Oklahoma law specifies no response times.
Oregon Public Records Law
- N/A
No response times are specified by Oregon law.
Pennsylvania Right to Know Law
- 5 days
Effective in 2009, "The time for response shall not exceed five business days from the date the written request is received by the open-records officer for an agency. If the agency fails to send the response within five business days of receipt of the written request for access, the written request for access shall be deemed denied."[1]
The government agency may determine that:
- The requested records require some redaction.
- The records are stored in a remote location so that retrieval will take some time.
- Staffing limitations exist.
- The agency is uncertain as to whether it is required under the law to provide the records that have been requested and therefore wants to request a legal review prior to making a decision as to whether to fulfill the request.
- The requestor did not adequately comply with the policies regarding how to ask for records.
- The requestor did not pay the fees associated with the request.
- The "extent or nature of the request precludes a response within the required time period"
If the agency decides that one or more of those reasons for not providing the records within the 5-day window apply, the agency is required to provide the requestor with a letter saying why it is going to take more than 5 days. That letter must be provided within the 5 day window.
Rhode Island Access to Public Records Act
- 10 days
Rhode Island law allows 10 days for a public body to deny a request. If the agency does not respond by within 10 days, it is deemed a denial.[1]
South Carolina Freedom of Information Act
- 15 days
South Carolina law allows for 15 business days to respond to records requests. [1]
- ↑ South Carolina Code of Laws, 30-4-30
South Dakota Sunshine Law
- N/A
No response times are specified in South Dakota law.
Tennessee Open Records Act
- 7 days
Tennessee allows 7 days to respond to records requests. [1]
Texas Public Information Act
- 10 days
Texas law allows 10 days for public records requests.
Utah Government Records Access and Management Act
- 10 days
The Utah GRAMA code requires that public records responses be made within at least 10 business days if the records are for individuals purposes or within 5 business if the record is meant to benefit the general public (pursuant to 63G-2-204).
Vermont Public Records Law
- 2 days
Records denials must be issued within 2 days of receiving the records request. This limit can be extended to ten days for unusual circumstances. Vermont law does not prescribe a specific time for the release of records.[1]
Virginia Freedom of Information Act
- 5 days
Virginia law requires open records request responses to be made within 5 business days. However, agencies may petition courts for additional time for larger requests. [1]
Washington Public Records Act
- 5 days
Washington allows 5 days for records responses.[1]
West Virginia Freedom of Information Act
- 5 days
West Virginia law allows for 5 business days for records request responses. [1]
Wisconsin Open Records Law
- N/A
The Wisconsin law does not specify a time requirement for request responses. However, requests may be denied orally. If the person making the request desires a written denial, then he or she must make that known within 5 days. [1].
The Wisconsin Department of Justice has a official policy in place that requires the most basic open records requests to have a response within ten business days[2].
Wyoming Sunshine Law
- N/A
The Wyoming Sunshine Law does not specify response times.
[edit] See also
- State sunshine laws
- Years that state FOIA laws were enacted
- List of who can make public record requests by state
[edit] External links
- Citizen Access Project
- Open Government Guide
- Across-States Comparison of Public Records response times, prepared by Bill Harbaugh in 2009.
[edit] References
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