What information must a public agency provide if a request is denied?
The written denial for all or part of a request for information must state the statutory authority for the denial, and include a clear statement of the right to appeal and the time for doing so. In addition, section 9-339(4) also requires that the public agency state “that the attorney for the public agency or independent public body corporate and politic has reviewed the request or shall state that the public agency or independent public body corporate and politic has had an opportunity to consult with an attorney regarding the request for examination or copying of a record and has chosen not to do so.” It is the opinion of the attorney general’s office that the only legitimate reason for the agency not to consult with an attorney is that the exemption from disclosure is clear. If that is the case, the letter of denial should so state. Above all, if there is any doubt about whether the information is exempt from disclosure, it is imperative that the public agency seek legal advice.
Related Questions
- What procedural requirements exist when a public agency does not agree with a specific request from the parent (e.g., including a specific goal or service in the IEP)?
- What are the time limits for a public agency to respond to a request for information?
- May a public agency require a specific form to make a record request?
