3. Commission or agency enforcement

The public records act provides no specific provision for enforcement of the act within the affected commission or agency, other than to direct compliance with the law.

Not addressed.

No commission or agency is charged with FOIA enforcement.

Local ordinances governing access to public meetings and public records (commonly referred to as sunshine ordinances) often provide for administrative review of agency decisions, though determinations are generally recommendatory and unenforceable. Aggrieved individuals should ascertain whether their municipality has a sunshine ordinance and, if so, what procedures are provided for review of agency denials. Some state agencies may also have similar procedures for review of agency denials.

None.

FOIA is enforced by the Freedom of Information Commission (FOIC), which consists of five members appointed by the governor with the approval of the legislature and four members appointed by other officials. See Conn. Gen. Stat. §1-205. The FOIC is charged with promptly reviewing any alleged violation of FOIA and issuing orders regarding such allegations. The commission has the power to investigate allegations, including the power to hold hearings, administer oaths, examine witnesses, receive oral and documentary evidence, subpoena witnesses, and require the production of books and papers it deems relevant to the investigation. Conn. Gen. Stat. §1-205.

Not applicable.

The D.C. Act contemplates appeals of adverse decisions by individual petitioners, not commission or agency enforcement. D.C. Code Ann. § 2-537(a).

In 2007, the Governor created the Office of Open Government, intended to ensure compliance with the state’s open government and public records laws.  Fla. Exec. Order No. 07-01 (2007).  The Order directed each agency to designate a person to act as the agency’s “public records/open government contact person,” who would be responsible for complying with open government and public records requests.  See id. 

The Open Government Mediation Program is a service of the Attorney General's office designed to assist members of the public whose local governments may not be complying with requirements of the Act

Not available.

The Act neither requires nor provides for enforcement procedures by a commission or agency. A person denied access should seek the intervention of the state Public Access Counselor, not only to facilitate access but also to lay the foundation for entitlement to attorney fees if litigation is required. Ind. Code § 5-14-3-9(i).

None.

None.

Maryland has established a State Public Information Act Compliance Board for the purpose of resolving unreasonable fee complaints; studying ongoing compliance by custodians; and making recommendations for improvement to the General Assembly. § 4-1A-04(a), (b). Annually, the Board submits a report to the Governor describing its activities and opinions, complaints filed, and recommendations for improvement. § 4-1A-04(c).  The Board consists of 5 members, one of whom is from a Maryland non-governmental, non-profit organization that works on issues related to transparency or open government and is nominated by representatives of the open government and news media communities.  § 4-1A-02(a)(2)(i).  Another member of the Board must be knowledgeable about the Public Information Act, have served as a custodian, and been nominated by the Maryland Association of Counties and the Maryland Municipal League. § 4-1A-02(a)(2)(ii). The other 3 members are private citizens who cannot be a custodian of a public record, a member of the news media, or a staff member or spokesperson for an organization that represents the interests of either custodians or applicants. § 4-1A-02(a)(2)(iii). At least one of the 5 members must be an attorney admitted in the State. § 4-1A-02(a)(3). The term for members of the Board is generally 3 years.  § 4-1A-02(c).

Division of Public Records and Supervisor of Public Records.

There is no commission or agency enforcement of the FOIA.

A party aggrieved by a decision not to allow access to data may ask the Commissioner of Administration to issue an opinion with respect to the nature of the data sought. Minn. Stat.§ 13.072, subd. 1(a). The opinions are not binding on a public agency, but must be given deference by a court in a proceeding regarding the data. Minn. Stat.§ 13.072, subd. 2. An aggrieved party may also seek a hearing with the Office of Administrative Hearings. Minn. Stat. § 13.085.

The Mississippi Ethics Commission (http://www.ethics.state.ms.us/ethics/ethics.nsf) has enforcement power over the act.

There is no provision in the statute.

There is no specific provision for commission or agency enforcement under the act, and most provisions are enforced through citizen-initiated lawsuits. See Mont. Code Ann. § 2-6-107.

No such provision in the law.

N/A

There is no commission or agency to enforce the law.

A person who is denied access to a government record may file a complaint with the Government Records Council established pursuant to OPRA. (See N.J.S.A. 47:1A-6).

No authority.

As stated above, an agency’s compliance with FOIL’s search-and-disclose obligations is committed in the first instance to the agency’s interpretation of the statutory exemptions and any applicable case law.

None.

The open records statute does not address commission or agency enforcement.

There is no administrative agency that enforces the Public Records Act.

None.

A person challenging the denial of a records request to a public body other than a state agency or elected official can seek review from the district attorney in which the public body is located. ORS 192.415 (formerly ORS 192.460).

None.

No specific provision.

None.

Yes. As of 2008 there has been a hearing examiner procedure, but no cases have been presented yet that involve the open records law that went into effect on July 1, 2009. SDCL §1-27-38.

None.

Section 552.009 establishes an open records steering committee that shall study and determine the types of public info that should be made available by the Internet or other electronic means. State governmental bodies shall report to the attorney general information regarding the number and nature of requests for information they process, the cost of processing such requests and the cost of making information available to the public by means of the Internet or another electronic format. Tex. Gov’t Code § 552.010.

A requestor who believes he or she has been overcharged may lodge a complaint with the Office of the Attorney General. Tex. Gov’t Code § 552.269.

The State Records Committee consists of seven individuals, including “(a) an individual in the private sector whose profession requires the individual to create or manage records that if created by a governmental entity would be private or controlled; (b) the director of the Division of History or the director’s designee; (c) the governor or the governor’s designee; (e) two citizen members; (f) one person representing political subdivisions, as recommended by the Utah League of Cities and Towns; and (g) one individual representing the news media.” Utah Code § 63G-2-501(1). The Records Committee’s duties include meeting at least once every three months; reviewing and approving retention and disposal of records; hearing appeals from determinations of access as provided by GRAMA; determine disputes submitted by the state auditor; and appointing a chairperson from among its members. See id. § 63G-2-502(1). The Records Committee also may “make rules to govern its own proceedings as provided by . . . the Utah Administrative Rulemaking Act,” and “by order, after notice and hearing, reassign classification and designation for any record series by a governmental entity if the governmental entity’s classification or designation is inconsistent with [GRAMA].” Id. § 63G-2-502(2).

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

None.

There is no commission or agency that enforces the Public Records Act. The state Public Disclosure Commission only enforces the campaign finance disclosure aspects of the Public Disclosure Act. RCW 42.17.350, .360, .390.

Neither the West Virginia Freedom of Information Act nor the West Virginia Open Governmental Proceedings Act provides for commission or agency enforcement.

None.