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Yes. The North Dakota open records law provides, “[e]xcept as otherwise specifically provided by law, all records of a public entity are public records, open and accessible for inspection during reasonable office hours.” N.D.C.C. § 44-04-18(1) (emphasis added). A request need not be made in person or in writing, and the copy must be mailed upon request. N.D.C.C. § 44-04-18(2).
The law applies to oral and written requests. It is advisable to use a written request if there is any indication that the records will not be provided or if the request is complex.
Yes. The statute contains no authority for public offices to demand written requests as a condition for public access. See State ex rel. Zauderer v. Joseph, 62 Ohio App. 3d 752, 577 N.E.2d 444 (1989).
The Act requires an applicant to submit a written application. § 10-614(a). However, if a request is made for a type of record that has been designated by the official custodian to be made immediately available on request, there is no need for a formal written request. § 10-614(a)(2)(i); see also PIA Manual, at 10. As a practical matter, some records may be obtained by oral request, and many agencies permit oral requests.
Briefs & Comments,
