subject of the record always entitled to notice of the open records request under section 19.356, Stats.?
If the record subject is entitled to notice, then how long will it take to get the record? A: No, the subject of a public record is entitled to notice of a request only in certain situations, and generally these situations involve specific records pertaining to public employees. Section 19.356(2), Stats., provides that a custodian must notify the subject of a record in three circumstances: (1) when the requested record is an employee disciplinary record maintained by the authority; (2) when the record was obtained by the authority through a subpoena or search warrant; or (3) when the employee’s record was prepared by an employer other than an authority. The notice procedure allows the record subject in these circumstances to initiate a court action to prevent release of the record. Sec. 19.356(4), Stats. Section 19.356, Stats., established strict guidelines regarding the amount of time allowed to complete the notice and judicial review requirements. The custodian of the record must giv
Related Questions
- For companies that are not subject to the section 71 Notice, what incentives are there to fill out the Challenge Questionnaire and/or to participate in the process?
- What are the consequences for an employee of the University who destroys a record subject to a request with the intent to evade the request?
- Is a Notice to Consumer under CCP Section 1985.3 required when using a Subpoena to get records in Workers Compensation?
