Rule 6-01 Generally.
(a) Records access officer. The Board's Director of Administrative Services or the Executive Director's designee is its records access officer. The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The records access officer shall ensure that Board staff:
(1) upon receipt of a written request to inspect records: (i) make the records available for inspection; or (ii) deny access to the records in whole or in part and explain in writing the reason for the denial;
(2) upon written request for copies of records: (i) make a copy available upon payment or offer to pay fees, if any, in accordance with this rule; or (ii) deny the request for copies of records in whole or in part and explain in writing the reasons for the denial;
(3) upon written request, certify that a record is a true copy; and
(4) upon failure to locate records pursuant to a written request, certify that: (i) the Board is not the custodian for such records; or (ii) the records of which the Board is a custodian cannot be found after diligent search.
(b) Record location, availability, and use. Records shall be available for public inspection and copying at the offices of the Board. Requests for public access to records shall be accepted and records produced during the hours of 10:00 a.m. - 4:00 p.m., Monday through Friday. The records access officer, or his or her designee, shall have the discretion to limit the number of records a requester may receive at any one time. No marks of any kind shall be made by a requester on any record provided for inspection. Inspection or copying of records shall be permitted only in the area designated by the records access officer for such purpose.
(c) Requests for access. Board staff may require a written request for access to records, but oral requests may be accepted when records are readily available. A response shall be given regarding any written request reasonably describing records sought within 5 business days of receipt of the request. A request shall reasonably describe the records sought. Whenever possible, a requester shall supply information regarding dates, file designations, or other information that may describe the records sought and enable the efficient location of the records. If the records access officer does not grant or deny access to records sought within 5 business days of receipt of a written request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date on which the request will be granted or denied. If circumstances prevent disclosure to the requester within 20 business days from the date of the acknowledgment of the receipt of the request, the Board shall state in writing the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted.
(d) Denial of access. Denial of access to records shall be made in writing stating the reason for the denial and advising the requester of the right to appeal. The Board's Executive Director or the Executive Director's designee shall hear appeals from denial of access to records. The time for deciding an appeal shall commence upon receipt of a dated written appeal, including: (1) the date of the denial of access; and (2) the name and return address of the requester. The Executive Director or the Executive Director's designee shall transmit to the Committee on Open Government copies of all appeals upon receipt. The Executive Director or the Executive Director's Designee shall inform the requester and the Committee on Open Government of a decision on the appeal, in writing, within 10 business days of receipt of an appeal.
(e) Fees. The Board may charge 25 cents per page for photocopies not exceeding 9 inches by 14 inches or the actual cost of reproducing any other record. In determining the actual cost, the Board may include: (i) an amount equal to the hourly salary attributed to the lowest paid Board employee who has the necessary skill required to prepare a copy of the requested record, except that no fee shall be charged for staff time if less than two hours is needed to prepare a copy of the requested record; (ii) the actual cost of storage devices or media provided to the requester in complying with the request; and (iii) the actual cost to the Board of engaging an outside professional service to prepare a copy of a record, where the Board's information technology equipment is inadequate to prepare a copy.