Under Public Records Law, is it enough to respond, within 10 days, that I am gathering the records?

February 29, 2004

Q: My understanding of the state’s Public Records Law is that I have 10 days to respond to a public records request. Is it sufficient to respond, within 10 days, that I am in the process of gathering the records?

A: The custodian’s written response, made within 10 days of the request, must be either an offer to provide the requested materials or a written denial, according to the Public Records Division. A denial must detail the specific legal basis for withholding the requested materials. Requesters are free to file an appeal with the Public Records Division if they do not receive the records within the 10-day period, or if they dispute the custodian’s written denial. A failure to respond within the allotted time period, or a denial in writing from the custodian, allows a requester to appeal to the Supervisor of Public Records.

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