Section 50-1.7 - Procedures governing inspection and copying of records

50-1.7 Procedures governing inspection and copying of records. Inspection and copying of records shall be made in the following manner:

(a) Records access requests must be reasonably described and in writing.

(b) The records access officer shall, within five business days after receipt of a request:

(1) make requested records available;

(2) deny the request in writing. Such denial should:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the records access appeals officer; and

(iii) provide the name, title, business address and telephone number of the records access appeals officer; or

(3) furnish written acknowledgment of the request and the approximate date when the request will be granted or denied.

(c) If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of request, the request may be construed as a denial of access that may be appealed.

(d) If access is approved, the records access officer shall cause a search for the records requested.

(e) If the record cannot be found after diligent search, the records access officer shall so notify the requestor.

(f) Upon request, the records access officer will certify that the record is a true copy.

(g) Where applicable, nondisclosable information will be deleted from a record as authorized by the Freedom of Information Law.

(h) The original or file copies of records will not be released from departmental files.

(i) Persons requesting records in the possession of the department but which records originated in any other State or Federal agency, shall be referred to the originating agency when there is a question concerning confidentiality requirements.

(j) Persons inspecting a record shall be allowed to copy it by any means which will not damage the record.

(k) A reasonably detailed current list of any records subject to the Freedom of Information Law, shall be maintained by the department and updated semiannually.

(l) The locations where public records are available for inspection or copying pursuant to this Subpart shall be posted in conspicuous places.
 

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