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1. Where to ask for ruling

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  • Arizona

    (This section is blank. See the point above.)

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  • Arkansas

    (This section is blank. See the subpoints below.)

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  • Connecticut

    The appeal is brought by filing a notice of appeal with the FOIC.

    Enforcement — The FOIC may impose civil penalties and declare null and void any and all actions taken at a meeting held in violation of FOIA. Conn. Gen. Stat. §1-206(b)(2).

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  • Delaware

    (This section is blank. See the subpoints below.)

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  • District of Columbia

    Not specifically addressed.

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  • Georgia

    Georgia superior courts have jurisdiction to enforce the Act’s requirements.  O.C.G.A. § 50-14-5(a).

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  • Illinois

    A civil action should be brought in circuit court within sixty days from the time of the alleged violation. Alternatively, a request may be filed with the Public Access Counselor established in the Office of the Attorney General. This, too, should be filed within sixty days of the alleged violation. See 5 ILCS 120/3.5.

    The Attorney General may issue binding opinions or advisory opinions to public bodies regarding compliance with this Act. A review may be initiated upon receipt of a written request from the head of the public body or its attorney. See 5 ILCS 120/3.5(e) and (h). A public body that relies in good faith on an advisory opinion of the Attorney General in complying with the requirements of this Act is not liable for penalties under this Act, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor. See 5 ILCS 120/3.5(h).

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  • Iowa

    No docket priority is afforded this type of action, whether brought in the form of a direct challenge under chapter 21, or as an action seeking judicial review under chapter 17A.

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  • Kentucky

    The Open Meetings Act provides for enforcement by allowing for appeal to the Attorney General concerning a public agency’s violation of the Act. Ky. Rev. Stat. 61.846(2). A complaining party should "forward to the Attorney General a copy of the written complaint and a copy of the written denial within sixty (60) days from receipt by that party of the written denial." Id. The Attorney General will review the submitted materials and issue a decision within ten (10) business days. Id. The decision will state whether the public agency violated the Act. Id.

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  • Montana

    State District Court.

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  • New Hampshire

    The Statute provides that a person "aggrieved by a violation of this chapter may petition the Superior Court for injunctive [or other] relief. RSA 91-A:7.

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  • North Carolina

    North Carolina has no formal form or procedure, other than court action, for enforcing or obtaining rulings concerning the Open Meetings Law.
    Experience has proven that the most effective informal remedy for enforcement of the Open Meetings Law is publicity concerning the public body’s course of action, which often serves to galvanize public opinion, to embarrass public officials who participate in excluding the public and concealing their own actions, and to give comfort and encouragement to public officials who favor openness.

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  • North Dakota

    Any interested person may request an attorney general’s opinion to review an alleged violation of the open meetings law. N.D.C.C. § 44-04-21.1(1). The request must be made within thirty days of the alleged violation, except that a request based on allegations that a meeting occurred without the required notice must be made within ninety days of the alleged violation. N.D.C.C. § 44-04-21.1(1). The attorney general may request and obtain information claimed to be exempt or confidential for the purpose of determining whether the information is exempt or confidential. N.D.C.C. § 44-04-21.1(1). The attorney general must then issue to the public entity involved an opinion on the alleged violation, unless the request is withdrawn by the person requesting the opinion or a civil action has been filed involving the possible violation. N.D.C.C. § 44-04-21.1(1).

    North Dakota law lays out the administrative appeal procedure:

    44-04-21.1. Administrative review procedure.

    1. Any interested person may request an attorney general’s opinion to review a written denial of a request for records under section 44-04-18, a denial of access to a meeting under section 44-04 19, or other alleged violation of section 44-04-18, 44-04-19, 44-04-19.2, 44-04-20, or 44-04-21 by any public entity other than the legislative assembly or any committee thereof. A request made under this section must be made within thirty days of the alleged violation, except that a request based on allegations that a meeting occurred without the notice required by section 44-04-20, must be made within ninety days of the alleged violation. In preparing an opinion under this section, the attorney general has discretion to obtain and review a recording made under section 44-04-19.2. The attorney general may request and obtain information claimed to be exempt or confidential for the purpose of determining whether the information is exempt or confidential. Any such information may not be released by the attorney general and may be returned to the provider of the information. The attorney general shall issue to the public entity involved an opinion on the alleged violation unless the request is withdrawn by the person requesting the opinion or a civil action has been filed involving the possible violation. If the request pertains to a public entity as defined in subdivision c of subsection 12 of section 44-04 17.1, the opinion must be issued to the public entity providing the public funds. In any opinion issued under this section, the attorney general shall base the opinion on the facts given by the public entity.
    2. If the attorney general issues a written opinion concluding that a violation has occurred, the public entity has seven days after the opinion is issued, regardless of whether a civil action is filed under section 44-04-21.2, to disclose the record, to issue a notice of a meeting that will be held within a reasonable time to correct the violation, or to take steps to correct any other violation. If the public entity fails to take the required action within the seven-day period and the person requesting the opinion prevails in a civil action brought under section 44-04-21.2, the person must be awarded costs, disbursements, and reasonable attorney’s fees in the action and on appeal. The consequences for failing to comply with an attorney general’s opinion issued under this section will be the same as for other attorney general’s opinions, including potential personal liability for the person or persons responsible for the noncompliance.

    3. If a state-level public entity as defined in subdivision a of subsection 12 of section 44-04-17.1 does not comply in full with the attorney general’s opinion, and a civil action is brought under section 44-04-21.2 or is reasonably predictable, the entity, at its sole cost and expense, shall retain separate counsel who has been approved and appointed by the attorney general as a special assistant attorney general to represent the entity in that action.

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  • Ohio

    (This section is blank. See the subpoints below.)

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  • Oregon

    Under the Oregon Public Meetings Law, there is no administrative process for an informal determination as to proper use of executive session or other kinds of public meetings questions. The Attorney General is of assistance but does not have the statutorily delegated powers which are found in the Public Records Law. A ruling must be sought in circuit court.

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  • South Carolina

    Under the South Carolina act, relief in the form of an injunction or a declaratory judgment may be sought from the Court of Common Pleas. The action is initiated by the filing of a summons and complaint. Rule 3, South Carolina Rules of Civil Procedure.

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  • West Virginia

    (This section is blank. See the subpoints below.)

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  • Wyoming

    The Public Meetings Act does not set forth procedural requirements for right of access. Venue calls for the court in the county in which the meeting took place is the proper place to seek relief from the courts.

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