Open Government Guide

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Open Records

   V. PROCEDURE FOR OBTAINING RECORDS

      B. How long to wait.

         1. Statutory, regulatory or court-set time limits for agency response.


Copies of non-exempt public records must be made "promptly" available to the requester. However, the CPRA expressly allows 10 days from receipt of the request for the agency to make a determination as to whether a specific record is a discloseable public record in the possession of the agency. Cal. Gov't Code § 6253(c). This does not mean that the agency may take 10 days on all requests for public records. It simply means that where a question exists about whether the record is exempt from disclosure or whether the record is in the agency's possession, the agency may take up to 10 days to make its determination. See Cal. Gov't Code § 6253(d)("Nothing in this chapter shall be construed to permit an agency to obstruct the inspection or copying of public records.")

An agency also must allow for the inspection of public records at all times during the office hours of the agency. Cal. Gov't Code § 6253(a). Presumably, the agency would be allowed the same time period as with a request for copies of records to make its determination following a request for inspection if the public status of the record is unclear.

Extension of time for unusual circumstances. If the agency contends that the request is unusual and requires a search of separate locations, an examination of a voluminous amount of separate and distinct records, consultation with another agency with an interest in the records requested, or the compilation of data, writing of programming language or constructing a computer report to extract data, the time limit for the agency to make its determination regarding disclosure may be extended by an additional 14 days. In such "unusual circumstances," the head of the agency, or his or her designee, must provide written notice to the person making the request "setting forth the reasons for the extension and the date on which a determination is expected to be dispatched," which shall not be later than 14 days beyond the original 10 day period. When the determination is dispatched and if the agency determines that the records are discloseable, it must notify the requester of when the records will be made available. Cal. Gov't Code § 6253(c).

The CPRA requires prompt notification of agency determination. As soon as a determination is made whether to comply with the request, the agency must immediately notify the requester of the decision and of the reasons for any denial. Cal. Gov't Code § 6255(a). The agency is required to demonstrate that the record in question is exempt by citing the specific provision(s) of the CPRA or other law it is relying upon for its denial to disclose. Cal Gov't Code § 6255(a).



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