Okla. Admin. Code § 310:2-3-5

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

Section 310:2-3-5 - 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., (OORA).

(b)Access to official records. Records available to the public pursuant to the Oklahoma Open Records Act, 51 O.S. § 24A.1 et seq., are subject to inspection and mechanical reproduction under the provisions set forth below.

(c)Initial procedural requirements. A request for inspection shall be submitted electronically or in writing. To encourage a fully articulated and accurate response to a request, the request shall be submitted on a form made available by OSDH, online and the requester 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. Consistent with the OORA, agency personnel may determine that the requester is required to pay, in advance, any fees due 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 submitted in accordance with these rules. After a determination is made of the estimated fees to gather the records requested, the agency will advise the requester of the cost. 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 agency. 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 thirty (30) days shall be deemed abandoned.

(g)Unavailable or confidential records. If the agency cannot comply with the request for disclosure, the requester shall be notified of the adverse determination, stating the reason(s) therefor.

(h)Fees. The following are fees for preparing records for production:

(1) Paper Records - The fees for preparing paper records are those set forth in the OORA.

(2) Electronic Records - If request is for records to be produced in a format other than an electronically transmitted digital file, the preferred digital media to the agency, the agency will recoup the actual cost of transferring the records to the requester's media.

(3) Other Fees - The hourly fee for requests that are solely for commercial purpose or that cause excessive disruption of the agency's essential functions is in accordance with the schedule filed at the Oklahoma County Clerk's office. 'Excessive disruption' fees apply to requests that require more than eight (8) hours of actual employee work time to compile.

(4) Actual cost charged to OSDH by any third party related to obtaining records.

Okla. Admin. Code § 310:2-3-5

Amended at 19 Ok Reg 532, eff 1-3-02 through 7-14-02 (emergency)¹; Amended at 20 Ok Reg 1180, eff 5-27-03

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of 310:2-3-5 reverted back to the permanent text that was effective prior to enactment of the emergency action on 1-3-02, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 5-27-03.