R5C

If the agency denies a request, it must review that denial within a two-day period. At the end of that period an agency is deemed to have taken its final action and the denial is ripe for judicial review. RCW 42.56.520, eff. 7/1/06). There is no need to go through an extensive administrative appeal process. In most cases, the initial decision by an agency is its final decision.

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Exhaustion of administrative remedies is not required prior to an action to enforce the inspection of Public Records Act. §14-2-12(C), NMSA 1978.

Unlike the federal FOIA, West Virginia's Freedom of Information Act has no provisions for administrative appeals. Since the request for records must be made to the agency's chief executive — "the elected or appointed official charged with administering a public body," W. Va. Code § 29B-1-3(2) — there usually is no practical avenue for informal administrative appeals.

Alabama has no provision for administrative appeal from denial of access to public records. A public official who is reluctant to produce the requested records can sometimes be persuaded, however, to seek a ruling from the Alabama Attorney General's office, pursuant to the following statute:

There are no provisions for appeal. A requester may proceed directly to the district court.

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Administrative appeals are not provided. Cf. State ex rel. Auchinleck v. Town of LaGrange, 200 Wis. 2d 585, 595, 547 N.W.2d 587, 592 (1996) (records requesters need not give notice or opportunity for review to public entity before commencing an action under the Open Records law). An informal "administrative" appeal may be taken to the state attorney general who is specifically authorized to respond to any request for advice as to the applicability of the open records law to any specific set of circumstances. Wis. Stat. § 19.39.

Bear in mind that the discussion of administrative procedures in this subsection generally is based on 2 AAC 96.100 et seq., governing access to records of state administrative agencies, and may not be applicable to other public entities. The municipal ordinance governing access to Anchorage records, for example, provides that "any denial of a request for information or inspection of public records shall be automatically appealed to the mayor, and a written reply will be given within seven working days either granting or denying the appeal." AMC 3.90.060(B).

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