2005 Idaho Code - 9-339 — RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-339.  RESPONSE TO REQUEST FOR EXAMINATION OF PUBLIC RECORDS. (1) A
public agency or independent public body corporate and politic shall either
grant or deny a person's request to examine or copy public records within
three (3) working days of the date of the receipt of the request for
examination or copying. If it is determined by employees of the public agency
or independent public body corporate and politic that a longer period of time
is needed to locate or retrieve the public records, the public agency or
independent public body corporate and politic shall so notify in writing the
person requesting to examine or copy the records and shall provide the public
records to the person no later than ten (10) working days following the
person's request. Provided however, if it is determined the existing
electronic record requested will first have to be converted to another
electronic format by the agency or by a third party and that such conversion
cannot be completed within ten (10) working days, the agency shall so notify
in writing the person requesting to examine or copy the records. The agency
shall provide the converted public record at a time mutually agreed upon
between the agency and the requester, with due consideration given to any
limitations that may exist due to the process of conversion or due to the use
of a third party to make the conversion.
    (2)  If the public agency or independent public body corporate and politic
fails to respond, the request shall be deemed to be denied within ten (10)
working days following the request.
    (3)  If the public agency or independent public body corporate and politic
denies the person's request for examination or copying the public records or
denies in part and grants in part the person's request for examination and
copying of the public records, the person legally responsible for
administering the public agency or independent public body corporate and
politic or that person's designee shall notify the person in writing of the
denial or partial denial of the request for the public record.
    (4)  The notice of denial or partial denial shall 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. The notice of denial or partial denial also shall
indicate the statutory authority for the denial and indicate clearly the
person's right to appeal the denial or partial denial and the time periods for
doing so.