You file a request to inspect or copy public information under Chapter 552.
If you file this request in person, you can expect to see a new sign posted that describes your rights as a requestor, the responsibilities of the governmental body, and the procedures for inspecting or getting copies of records (effective January 3, 2000).

If it cannot be produced within 10 working days, the public information officer must notify the requestor and set a date within a reasonable time when the information will be available for inspection or copying. (This section is current law and was not amended.)

New: 10th Day from the time a
bill is sent (mail, email or
faxed) to you, you must respond.

Information That May be Subject to an Exception

Working Day 10

As before, an official must request an AG opinion, and state which exceptions apply, by the 10th business day. Futher:

· the governmental body must now notify the requestor and provide the requestor a copy of the governmental body's letter to the AG asking for an opinion by the 10th business day.

· government officials must raise all the exceptions they intend to argue at this time. Under amended Section 552.324, a governmental body may raise in court only those exceptions raised before the AG, unless the additional exceptions are based on a requirement of federal law or involve third party property or privacy interests.

· failure to request an AG decision within 10 working days and provide the requestor with notice of the request for AG opinion results in a presumption that the information is "subject to required public disclosure and must be released unless there is a compelling reason to withhold."

· governmental bodies must notify third parties (this will apply most commonly when the trade secret exception is claimed) of the request by the 10th business day.

For requests that will cost more than $40, the requestor must accept an itemized bill in writing (including email), or modify the request, within 10 days of the date the bill is sent by the governmental body or the request is deemed withdrawn (see sidebar).

The governmental body must submit full arguments stating why the exceptions raised in the initial notice apply to the requested information (existing law)

**NEW REQUIREMENT: If a governmental body has fewer than 16 full time employees, the governmental body may require you to post a bond if the cost of records will exceed $50 (all other entities may require a bond only if the costs will exceed $100) and the governmental body has provided the written, itemized statement required above.

Any third party that intends to argue for confidentiality based on a third party interest (most often privacy or trade secret) must file its brief with the AG in support of confidentiality within 10 business days of receipt of notice from the governmental body. This new deadline will considerably speed the AG process when requests involve information from regulated industries or other third parties. The third party is also now required to send a copy of its brief to the requestor, who may respond to the AG with arguments favoring release.

Working Day 45:

The AG must issue an opinion or notify the governmental body and the requestor of its need for additional time. Previously the law allowed 60 working days.

Working Day 55:

The AG must absolutely issue its opinion. If the AG determines that information is public:

· governmental bodies must file suit to protect it in court within 30 calendar days (from the date the governmental body the decision of the AG) or comply with the decision.

· Governmental bodies may no longer ask the AG to "reconsider" an opinion that information should be released, if the AG has already ruled once that the information is public.