R5D06

A person aggrieved by the denial of a request for a public record must file a petition within 180 days of the date of mailing of the denial. Idaho Code § 9-343(1).

The Act provides no time limit for filing suit. A suit may be filed after a request for inspection or copying has been denied.

The petition must be filed within the following time periods: within 30 days of the State Record Committee’s order; within 30 days of a government entity’s denial of a record request; within 35 days of the original record request if the government entity fails to respond; or within 45 days of the original request if the records classification is in question and the chief administrative officer fails to make a determination. See Utah Code Ann. § 63G-2-404(1)(b), (2)(b).

There are no time limits prescribed in the Act, but judicial review should be sought as soon as possible. (Illinois law provides that all civil actions not otherwise provided for shall be commenced within five years after the cause of action accrued.  See 735 ILCS 5/13-205.)

The Statute does not specify a time for filing suit, but delay might effect the court's view that the petition raises an important public issue.

There is no stated time limit on the appeal to superior court from the agency head.

Interestingly, the law does not specify a time limit for filing suit for denial of access; however, suit may not be filed until there is a denial of access. Ind. Code § 5-14-3-9(e).

The time limit for filing a Complaint in lieu of Prerogative Writs to obtain records from a public agency or official is 45 days from the date of denial. However, another request for the same records can be made at any time by another party, thereby triggering a new 45-day time limit for filing suit. See Shuttleworth v. City of Camden, supra. It is not clear whether a complaint to the Government Records Council will also be subject to the 45-day limit although it is likely that will be the case.

Suit should be filed without unreasonable delay.

The statute contains no limitations period. No Iowa case discussing limitation of actions in this context has been found. The applicable statute of limitations may be the five year period for "all other actions not otherwise provided for" which can be found in Iowa Code §  614.1(4).