2009 Nebraska Code
Chapter 84 STATE OFFICERS
84-1205.06 Public record; copies; media; denial of request; effect; appeal.

84-1205.06. Public record; copies; media; denial of request; effect; appeal.

(1) If a state agency is required to provide a copy of public records on request, a person requesting a copy of a public record may elect to obtain it in any and all media in which the agency is capable of providing it. No request for a copy of a public record in a particular medium shall be denied on the ground that the custodian has made or prefers to make the public record available in another medium.

(2) A state agency may deny a request for a copy of a public record in a particular medium if:

(a) The request is unreasonably complicated;

(b) The request specifies a medium not regularly used by the state agency and would cause undue time or expense for the state agency to comply with the request; or

(c) The public record is available in the requested medium from another source at a fee equal to or lower than any fee that would be charged by the state agency.

(3) A state agency may not deny a request for paper copies of public records.

(4) The requester may appeal a decision by a state agency to deny a request for a copy of a public record in a particular medium in writing to the board. The denial shall then be subject to the approval of the board based upon its determination of the state agency's compliance with this section.

(5) If a state agency provides copies of public records in a particular medium, the state agency shall provide notice not less than ninety calendar days prior to discontinuing such practice. The notice shall be published at least three times in a newspaper of general circulation.

Source

Laws 1997, LB 590, § 12.