Okla. Admin. Code § 158:1-3-5

Current through Vol. 42, No. 4, November 1, 2024

Section 158:1-3-5 - Access to Agency records pursuant to the Open Records Act

(a)Official records. Official records include records required to be maintained by law, the record in individual proceedings, records submitted to the agency by any person and any other "record" as that term is defined by the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq et seq. (OORA).

(b)Access to official records. Every record defined by subparagraph (a) above wherein disclosure is not otherwise specifically excepted by law or the OORA is subject to inspection and mechanical reproduction under the provisions set forth below.

(c)Initial procedural requirements. A request for inspection may be submitted orally or in writing. To encourage a fully articulated and accurate response to a request, the Board recommends a request be submitted in a form that is susceptible to memorialization such as a writing, electronic mail or facsimile transmission, and must reasonably describe the records sought. Additionally, if applicable, every request must specify a time period for which records are being sought. A request submitted in the manner above, reasonably describing the records sought and stating an appropriate time period for the records being sought will be timely acknowledged and further processed for a review and inspection. If, consistent with the OORA, staff personnel determine that a search is necessary to gather and collect the records sought by the requester, the requester is required to pay, in advance, a search fee pursuant to subparagraph (h) below.

(d)Requests received. Requests submitted to the agency will not be deemed to have been received unless and until the request has been identified by agency personnel as a request properly filed in accordance with these rules. After a determination is made estimating the search time necessary to gather the records requested, the agency will remit an advice of the cost to the requester. Upon receipt of the requested search fee, the request will be deemed to have been received by the agency and will then be timely processed for inspection.

(e)Abandonment. Any request not confirmed by a tender of the requisite search fee within thirty (30) days of advice by the agency shall be deemed to be abandoned, unless, within the time stated, the requester can show cause why the confirmation should be delayed or postponed.

(f)Cooperation with the Board. If the requester fails to furnish additional information reasonably necessary to identify the records sought or otherwise enable agency personnel to accurately process the request, the processing of the subject request may be suspended by agency personnel. A request that remains suspended for a period exceeding sixty (60) days shall be deemed abandoned.

(g)Appeal. If the agency cannot comply with the request for disclosure, the requester shall be notified in writing, within thirty (30) days of notice of the adverse determination, stating the reason(s) therefor and advising the requestor of the right, at the requestor's option, of administrative appeal under the provisions of OAC 158:1-3-7.

(h)Fees. The following are fees for reproduction of records:

(1) Paper Records

(A) Regular copy - $0.25 per page

(B) Certified copy - $1.00 per page

(C) Copy sent by fax - $0.35 per page

(D) Copy of pages larger than 8-1/2 X 11 - $0.50 per page.

(2) Audio Tapes

(A) With tape provided - $5.00 per tape

(B) Without tape provided - $10.00 per tape.

(3) Electronic Records - Requester is required to furnish blank tape(s) if reproduction is not in a printout format.

(A) $50.00 per hour programming time

(B) $1,850.00 per CPU hour

(C) $50.00 per hour for other computer time.

(4) Search Fees - $25.00 per hour.

Okla. Admin. Code § 158:1-3-5

Added at 19 Ok Reg 1243, eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014