R5A

A. How to start.

A. How to start.

The APRA has no general provisions governing the process for making a request. Each public body must establish its own access procedures. R.I. Gen. Laws § 38-2-3(c). However, a public body may not require written requests for public information available pursuant to R.I. Gen. Laws § 42-35-2 or for other documents prepared for or readily available to the public. See R.I. Gen. Laws § 38-2-3(c).

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A. How to start.

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A. How to start.

An “informal request” can be made. SDCL § 1-27-35. If that is denied in whole or in part, then a formal written request can be made. SDCL § 1-27-27.

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Under the public records act, as well as the specific statutes governing confidential documents, the request for a document should be submitted directly to the custodian of the document. The request does not have to be in writing but any refusal can be reduced to affidavit form in the event the requester desires to litigate the issue. Because access to immediate district court resolution is available in Montana, there is no need to reduce the request to writing. However, the attorney general has ruled that governments may require that the request be reduced to writing.

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