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Open Records V. PROCEDURE FOR OBTAINING RECORDS A. How to start. 2. Does the law cover oral requests? a. Arrangements to inspect & copy. A request must "reasonably describe an identifiable record" to be produced. Cal. Gov't Code § 6253(b). Such a request may be made orally. Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 107 Cal. Rptr. 2d 29 (2001)(CPRA does not require that requests for public records be in writing). However, if the request is in writing, then a written response is required. Cal. Gov't Code § 6255(b). Therefore, if a denial is anticipated or it is anticipated that the agency may drag its heels, the better practice is to make the request in writing, signed and dated by the person requesting the record, and to retain a copy. Otherwise, routine requests can be and should be made orally. Submit a comment Have a tip or suggestion for other readers regarding this section? Please pass it on by filling out the form below. Entries may be shortened, edited, or even deleted if we feel they are not helpful to journalists or media attorneys using open records laws. |
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