Section 38-3-5.1. – Reproduction of public records — Destruction of original records.
§ 38-3-5.1. Reproduction of public records — Destruction of original records. If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, state tax returns, report, application, payment, entry, print, representation, or combination thereof, or any act, transaction, occurrence, or event, and, in the […]
Section 38-2-7. – Denial of access.
§ 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 […]
Section 38-3-6. – Public records custody and disposal.
§ 38-3-6. Public records custody and disposal. (a) Each agency shall prepare and submit to the program, in accordance with the rules and regulations of the program, record control schedules for all public records in the custody of the agency. (b) The offices of the attorney general and the auditor general will advise the program […]
Section 38-2-8. – Administrative appeals.
§ 38-2-8. Administrative appeals. (a) Any person or entity denied the right to inspect a record of a public body may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to […]
Section 38-3-7. – Agency responsibilities.
§ 38-3-7. Agency responsibilities. It shall be the duty of each agency to: (1) Cooperate with the program in complying with the provisions of this chapter. (2) Establish and maintain an active and continuous program for the economical and efficient management of public records. History of Section.P.L. 1981, ch. 353, § 6.
Section 38-2-9. – Jurisdiction of superior court.
§ 38-2-9. Jurisdiction of superior court. (a) Jurisdiction to hear and determine civil actions brought under this chapter is hereby vested in the superior court. (b) The court may examine any record which is the subject of a suit in camera to determine whether the record or any part thereof may be withheld from public […]
Section 38-2-10. – Burden of proof.
§ 38-2-10. Burden of proof. In all actions brought under this chapter, the burden shall be on the public body to demonstrate that the record in dispute can be properly withheld from public inspection under the terms of this chapter. History of Section.P.L. 1979, ch. 202, § 1.
Section 38-2-11. – Right supplemental.
§ 38-2-11. Right supplemental. The right of the public to inspect public records created by this chapter shall be in addition to any other right to inspect records maintained by public bodies. History of Section.P.L. 1979, ch. 202, § 1.
Section 38-1-11. – Assistance of the public records administration program.
§ 38-1-11. Assistance of the public records administration program. The public records administration program of the secretary of state shall have the right to examine the condition of public records and shall give advice and assistance to public officials in the solution of their problems of preserving, creating, filing, and making available the public records […]
Section 38-2-1. – Purpose.
§ 38-2-1. Purpose. The public’s right to access to public records and the individual’s right to dignity and privacy are both recognized to be principles of the utmost importance in a free society. The purpose of this chapter is to facilitate public access to public records. It is also the intent of this chapter to […]