Ala. Code § 36-12-45

Current through the 2024 Regular Session.

Section 36-12-45 - Written procedures for requests; alternate request procedures

(a)

(1) A resident may request access to a public record by following the written procedures for accepting such requests established by the public officer having custody of the public record. The written procedures may establish any of the following:

a. A standard request form for use in submitting a public records request.

b. A designee, such as a public records coordinator, to whom a public records request shall be addressed.

c. The permissible method or methods of transmitting a public records request.

d. Any other policies pertaining to the process for submitting a public records request.

(2) The public officer shall make his or her written procedures concerning public records reasonably available to the public.

(3) A public officer shall not be obligated to respond to a public records request that is not made pursuant to the public officer's written procedures.

(4) Written procedures need not be adopted as administrative rules pursuant to the Alabama Administrative Procedure Act.

(b) In the absence of written procedures to the contrary, each of the following shall apply:

(1) A resident may submit a public records request by delivering the request by hand or by mailing the request to the main office or principal place of business of the public officer having custody of the public record.

(2) Receipt of a hand-delivered public records request occurs when the request is received at the public officer's main office or principal place of business. Receipt of a mailed public records request occurs on the date of actual receipt by the public officer. A certified mail receipt or similar signed postage receipt shall be prima facie evidence of receipt by the public officer.

(3) The standard request form shall read substantially as follows, provided a public officer may require additional information or modify the order or format in which the information is requested:

Requester's contact information:

Name: ____________________________________________________

Phone number: ____________________________________________

Email address: ___________________________________________

Street address: __________________________________________

City: ____________________________________________________

State: ___________________________________________________

Zip: _____________________________________________________

Agency you are requesting public records from:

_________________________________________________________

Date of request: _________________________________________

Records requested: (Be as specific as possible. A public officer is not obligated to respond to a request that is vague, ambiguous, overly broad, or unreasonable in scope, nor is a public officer obligated to respond to a request that seeks records that do not exist or materials that are not public records. Additionally, extensive requests for public records may increase the fees to cover the administrative cost of searching and copying the requested records.)

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

Payment of fees may be required before your request is fulfilled.

By submitting this request, you certify that you are an Alabama resident with standing to make a request for public records pursuant to Alabama law.

Ala. Code § 36-12-45 (1975)

Added by Act 2024-278,§ 2, eff. 10/1/2024.