Legal Scales Denial of Request

If a request for a record is denied in whole or in part, the Idaho Public Records Law requires the person who administers the agency or a designated custodian to notify the person in writing. This notice shall state: (1) “that the attorney for the public agency … has reviewed the request or shall state that the public agency … has had an opportunity to consult with an attorney regarding the request for examination or copying of a record and has chosen not to do so.” Idaho Code § 9-339(4); (2) the statutory basis for the denial; (3) a simple statement of the right to appeal and the time limit for appeal; and (4) a certificate of mailing. This notice will be provided in the same format as the request email, regular mail, or fax (Idaho Public Records Law Manual, Office of the Attorney General, 2007).

If a request to correct an individual’s record is denied, written notification is required within ten (10) calendar days of the receipt of the request. The notice of refusal to amend a record must state the reasons for the refusal, and provide the statement of appeal rights and certificate of mailing mentioned above. This notice will be provided in the same format as the request email, regular mail, or fax (Idaho Public Records Law Manual, Office of the Attorney General, 2007).

The time limit for filing an appeal is one hundred eighty (180) days from the date the notice of denial is mailed. The sole remedy for protesting the ISDA's decision is to file a petition in the district court of the county where the records or some part of the records are located, requesting the court to compel the agency to make the information available or to correct the record. If a request is denied, the requested records must be retained until the end of the appeal period, until there has been a decision on an appeal, or, as otherwise provided by law, whichever is longer (Idaho Public Records Law Manual, Office of the Attorney General, 2007).