A. How to start.

(1) Custodian of Records. Under the Open Records Act, the person to whom a request for inspection should be directed is the custodian of records. See Colo. Rev. Stat. § 24-72-203(1)(a). The first step, then, is to determine where the records are located and who has custody of them.

(2) Request for Inspection.

(a) Requests for inspection may be either written or oral. A written request may be made in advance; an oral request may be made to the custodian at the place where the records are kept.

(b) Inspection of public records must be done "at reasonable times." Colo. Rev. Stat. § 24-72-203(1)(a). The official custodian may make rules and regulations governing inspection of public records which are "reasonably necessary" for the protection of the records and the prevention of "unnecessary interference" with the regular duties of the custodian or his office. Colo. Rev. Stat. § 24-72-203(1)(a). See Tax Data Corp. v. Hutt, 826 P.2d 353 (Colo. App. 1991).

Where public records are kept only in miniaturized or digital form, such as on magnetic or optical disks, tapes, microfilm, or microfiche, the official custodian shall adopt a policy regarding the retention, archiving, and destruction of such records, and take such measures as are necessary to assist the public in locating any specific public records sought and to ensure public access to the records without unreasonable delay or cost. Such measures may include viewing stations for public records kept on microfiche, portable disk copies of computer files, or direct electronic access via online bulletin boards or other means. Colo. Rev. Stat. § 24-72-203(1)(b). See Tax Data Corp. v. Hutt, supra.

(c) Therefore, a person wanting to inspect records should inquire of their custodian whether any rules or regulations restrict of limit access to particular times, dates, etc., or whether written requests are required.

(d) As a general rule, the more specific the request the better. Any identification of the document by date, author, agency, subject matter is helpful to the custodian in locating the requested records.

(3) When Records are not Available.

(a) If the requested records are not in the custody or control of the person to whom application is made, that person must immediately notify the applicant that the records are not in his or her custody. Colo. Rev. Stat. § 24-72-203(2)(a). See Pruitt v. Rockwell, 886 P.2d 315 (Colo. App. 1994). The applicant may request written notification. The notification must state in detail, to the best of the person's knowledge and belief:

The reason for the absence of the records;

Their location; and

Who has custody or control of the records. Colo. Rev. Stat. § 24-72-203(2)(a).

(b) If an official custodian has custody of correspondence sent or received by an elected official, the custodian shall consult with the elected official prior to permitting inspection of the correspondence for the purpose of determining whether the correspondence is a public record. Colo. Rev. Stat. § 24-72-203(2)(b).

(c) If the requested records are in the custody or control of the person to whom application for inspection is made, but the records are in active use or storage, the custodian shall immediately notify the applicant that the records are not available at the time. The applicant may request written notification. The applicant may request that the custodian set a date and hour of the notification when the records will be available for inspection. Colo. Rev. Stat. § 24-72-203(3)(a). The date and hour set for inspection must be within a reasonable time after the request, presumed to be three days. Such period may be extended up to seven days if extenuating circumstances exist. A finding that extenuating circumstances exist shall be made in writing by the custodian and shall be provided to the person making the request within the three-day period. Colo. Rev. Stat. § 24-72-203(3)(b). Extenuating circumstances only exist when:

A broad request is made that encompasses all or substantially all of a large category of records and the request is without sufficient specificity to allow the custodian reasonably to gather the records within the three-day period;

A broad request is made that encompasses all or substantially all of a large category of records and the agency is unable to gather the records within the three-day period because the agency needs to devote all or substantially all of its resources to meeting an impending deadline or period of peak demand that is either unique or does not occur more often than once a month or, in the case of the general assembly or its staff or service agencies, the general assembly is in session.