Ala. Admin. Code r. 70-X-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 70-X-1-.07 - Public Records

(1) "Public record" for the purpose of these rules means all department records which are reasonably necessary to record the business and activities required to be done or carried on by the department that the status and condition of such business and activities can be known to the public. Records which do not constitute "public records" include, but are not necessarily limited to, those received by a public officer in confidence, sensitive personnel records, applicant, client and patient records, complaints against persons deemed licensees of the department, pending criminal and quasi-criminal investigations and records, those matters entitled to statutory or common law privilege, and records the disclosure of which would be detrimental to the best interests of the public.

(2) Requests for inspection or copies, official or unofficial, of specific public records must be made in writing. Requested public records are available for inspection at Department headquarters during the business hours of 8 a.m. until 4 p.m., Monday through Friday. The Commissioner shall approve the availability of the requested records and, if approved, set an effective date that the records are made available for inspection. Inspection of public records shall be made upon such terms and conditions so as not to disrupt the orderly conduct of the department's affairs.

(3) Any person who desires to obtain copies of specific public records may forward a written request to the Commissioner, and, subject to their availability, will be supplied copies upon payment of the cost of copying, handling and postage, which costs will be estimated and set from time to time in the discretion of the Commissioner. Certified official copies of public records are available upon receipt of payment. Unofficial copies of public records are available in an electronic format. Electronic formats of public records are not considered certified official copies of the Department.

(4) In-person inspection of requested public records must be made within two weeks of the grant of the request or a new written request must be submitted.

(5) The Department is not required to disclose those types of information or documents that are exempt from disclosure by a federal agency under the Federal Freedom of Information Act.

Ala. Admin. Code r. 70-X-1-.07

New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Code of Ala. 1975, §§ 36-12-40 to 36-12-42, 41-22-4, 45 C.F.R. 1321.51.