B. How long to wait.

Denial of inspection

A public official has no authority to deny any person access to public records unless there is a specific statute permitting withholding of the information requested. Denver Post Corp. v. University of Colorado, 739 P.2d 874 (Colo. App. 1987). Waiver is not a ground for denial of access to public records. Carpenter v. Civil Service Comm'n, 813 P.2d 773 (Colo. App. 1990).

If the custodian denies access to a requested record, the applicant may request a written statement of the grounds for denial, with citation to the law or regulation under which access is denied. Colo. Rev. Stat. § 24-72-204(4); see Denver Publishing Co. v. Dreyfus, 184 Colo. 288, 520 P.2d 104 (1974).

Inspection may be denied under a specific provision of the Open Records Act, under a specific statute requiring records to be confidential, or when the custodian has applied for and been granted a court order permitting him to restrict disclosure on the grounds that disclosure would do substantial injury to the public interest. Colo. Rev. Stat. § 24-72-204(6). If the denial is based on "deliberative process" privilege, custodian must provide Vaughn index and a sworn affidavit specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest. Colo. Rev. Stat. § 24-72-204(3)(a)(XIII).