Statutory Requirements

When a governmental body decides to request a ruling from the Open Records Division (ORD), it must comply with the statutory requirements of the Public Information Act. These requirements are outlined below.

Within 10 business days of receiving the request for information, a governmental body must submit:

To the ORD:

  • A written request for a ruling from the ORD. This request must state which exceptions apply to the information. See Section 552.301(b).

To the Requestor:

  • A written statement that the governmental body wishes to withhold the requested information and that the governmental body has asked for an ORD decision. See Section 552.301(d)(1).
  • A copy of the governmental body’s written communication to the ORD in which the governmental body asks for a decision. If the governmental body’s written communication to the ORD reveals the requested information, a redacted copy must be provided to the requestor. See Section 552.301(d)(2).

To the Third Party (if applicable):

  • Make a "good faith attempt" to notify affected parties. Section 552.305(d).
  • The notice must be in writing and in the form prescribed by the ORD. Section 552.305(d)(1)-(2).

Within 15 business days of receiving the request for information, a governmental body must submit:

To the ORD:

  • Written comments stating why the stated exceptions apply. Section 552.301(e)(1)(A).
  • A copy of the written request. Section 552.301(e)(1)(B).
  • A signed statement stating the date the request for information was received by the governmental body or evidence sufficient to establish the date the request was received. Section 552.301(e)(1)(C).
  • Copies of the documents at issue or a representative sample of the documents at issue. Section 552.301(e)(1)(D).
  • Label the documents to indicate which exceptions apply to which parts of the documents. Section 552.301(e)(2).

To Requestor:

A copy of written comments stating why the stated exceptions apply. Section 552.301(e-1).