Okla. Admin. Code § 325:1-1-16

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

Section 325:1-1-16 - Release of record(s); copying charges

It is the intent of the Commission to provide the public prompt, reasonable access to record(s) in accordance with the Oklahoma Open Records Act, 51 O.S., § 24A.1, et. seq. It is further intended that disclosure of information shall be favored over a finding of exemption. Nothing in this section shall be construed to be a statement of the Commission's intent regarding specific record(s) exempted from the Open Records Act, 51 O.S., § 24A.1, et. seq.

(1) It is the intent of the Oklahoma Legislature that the Oklahoma Open Records Act shall not create, directly or indirectly, any rights of privacy or any remedies for violation of any rights of privacy; nor...except as specifically set forth in the Oklahoma Open Records Act, establish any procedures for protecting any person from release of information contained in public records. [51:24A.2]

(2) Except as may be required by other law, public bodies do not need to follow any procedures for providing access to public records except those specifically required by the Oklahoma Open Records Act [51:24A.2].

(3)Except where specific state or federal statutes create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access nor reasonable expectation that this information will be kept from public access. [51:24A.2]

(4) All requests for record(s) shall be submitted in writing to the Office of the Commission, as specified in 325:1-1-14 and 325:1-1-15.

(5) Times designated for release of record(s) shall be regular business hours excepting days on which the Commission conducts meetings for which prior notice has been filed with the Secretary of State.

(6) The Executive Director is authorized to release or withhold record(s) and may authorize additional personnel necessary to be available at times designated by this rule to release record(s) during the regular business hours of the Commission.

(7) The Commission shall establish fees for the recovery of reasonable costs of document copying and/or mechanical reproduction. The Commission shall establish fees for the search for record(s) where the information sought is for commercial purposes or where such search would cause excessive disruption of Commission essential functions. The Commission shall also establish fees for the preparation of transcripts. The following fee schedule and procedure shall be used:

(A) Normal business hours of the Commission are 8:00 a.m. to 5:00 p.m. Times designated during those hours to release records are 9:00 a.m. to 4:00 p.m. Monday through Friday excepting:

(i) the hours between 12:00 p.m. and 1:00 p.m.during which no one may be available to release information; and

(ii) days upon which Commission Meetings are scheduled for which proper notice is filed with the Secretary of State.

(B) The following fees have been determined by the Commission to pay for the recovery of reasonable, direct costs of document copying and/or mechanical reproduction:

(i)Charges for copies. 8-1/2" × 11" sheet - $0.25 each for one-sided copies and $0.35 each for two-sided copies. Larger Sheet - Amount billed directly by a copying source.

(ii)Transcript charges. When materials from meetings or hearings are transcribed from tapes, shorthand or stenotypist notes, the charge shall be the responsibility of the Appellant in cases of appeal or the requester for transcription in all other cases and shall be calculated at the rate charged by a court reporter; or if done by Commission staff, the charge shall be $4.50 per page double-spaced, with 1-1/2" side margins and 1" top margins. Copies of transcriptions shall be $0.25 per page or $0.35 each for two-sided copies.

(8) When an individual or business entity furnishes information about themselves or their business operation to the Commission and a subsequent request for release of that information is made to the Commission by a third party, the Executive Director shall review the information and ascertain if the information is exempt from public access by reason of being a confidential privilege under state or federal statute. If the information is not exempt, it shall be released as required by the Oklahoma Open Records Act.

Okla. Admin. Code § 325:1-1-16

Amended at 16 Ok Reg 2855, eff 7-12-99; Amended at 18 Ok Reg 3466, eff 6-26-01 through 7-14-02 (emergency)¹

¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of 325:1-1-16 reverted back to the permanent text that became effective 7-12-99, as last published in the 2001 Edition of the OAC and as is published again herein.