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Sample Georgia Open Records Request
NOTE: This document is for requesting traditional documents. If
you are requesting documents in electronic format, please use the
electronic records request letter. Also, keep a copy of the signed
letter you send and any postal receipts, facsimile transmittal confirmation
sheets, etc., in case they are needed as an exhibit in a legal action
to enforce the Open Records Act.
[YOUR LETTERHEAD]
OPEN RECORDS ACT REQUEST
[DATE GOES HERE]
[AGENCY CONTACT PERSON]
[AGENCY NAME]
[AGENCY STREET ADDRESS]
[AGENCY CITY/STATE/ZIP]
To Whom It May Concern:
This is a public record request for a duplicate copy of [SPECIFY
DOCUMENTS BY NAME OR DESCRIPTION], with the exception of those portions
specifically exempted by Georgia law.
As you know, the Georgia Open Records Act states reasonable charges
may be assessed "for search, retrieval, and other direct administrative
costs for complying with a request under this Code section. The
hourly charge shall not exceed the salary of the lowest paid full-time
employee who, in the discretion of the custodian of the records,
has the necessary skill and training to perform the request; provided,
however, that no charge shall be made for the first quarter hour."
O.C.G.A. § 50-18-71(d).
I am prepared to pay reasonable search and retrieval fees if necessary.
As you know, advance payment is not required under the Act. O.C.G.A.
§ 50-18-71(g). Instead, once documents are requested, charges
for all costs incurred by your agency can be collected in the same
manner as taxes due. O.C.G.A. § 50-18-71(g).
In order to make such a fee request, however, your agency must first
notify me of the estimated cost of the copying, search, retrieval
and other authorized fees before they are incurred. O.C.G.A. §
50-18-71.2.
If my request is denied in whole or in part, the law requires your
agency to justify all deletions by reference to exemptions of the
Georgia Open Records Act, specifying code section, subsection and
paragraph. O.C.G.A. § 50-18-72(h). The law also requires you
to release all segregable portions of otherwise exempt material.
O.C.G.A. § 50-18-72(g).
Also, the Open Records Act sets fines up to $100 for any person
who fails to provide a requested public document within three (3)
business days, unless there are out-of-the-ordinary extenuating
circumstances. O.C.G.A. § 50-18-74. Therefore, I will expect
your agency to produce the requested records within the three-day
limit or give written reasons why not, and the specific date the
records will be available. O.C.G.A. § 50-18-70(f)
Thank you for your assistance. Should your have any questions, please
do not hesitate to contact me at [YOUR TELEPHONE PHONE NUMBER] or
via email at [YOUR EMAIL ADDRESS].
Best regards,
[YOUR NAME]
[YOUR TITLE]
Fax: [YOUR FAX NUMBER]
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