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(a) Except as otherwise provided by this chapter, a request to a public agency for a public record must be in writing. Request forms may be provided by a public agency, but a request may not be denied solely because it is not on that form. If a request includes a stamped, addressed postcard, the public agency shall promptly use it to acknowledge the date of receipt of the request.
(b) An oral request for records is considered a valid request under this chapter. Upon receipt of an oral request, a public agency shall inform the requestor of the provisions of this section. If the request involves a variety of records, a public agency may require that the request be submitted in writing.
(c) An oral request is deemed denied if not granted within five working days after the office of the public agency responsible for maintaining the requested records receives the request, excluding the request day and including the following five working days. The decision to grant or deny an oral request is within the sole discretion of the public agency. A requestor's only remedy if the oral request is denied is to make a written request in accordance with (a) of this section.
(d) If a requestor making an oral request for public records is unable to write a request due to a physical or mental disability, the public agency shall either assist the requestor in preparing a written request or treat the oral request as a written request.
History: Eff. 11/6/94, Register 132
Authority: AS 40.25.110
Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 6 AAC 96.310 to 2 AAC 96.310, to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions to the governor and to the Department of Administration. The history note for 2 AAC 96.310 carries forward the history from former 6 AAC 96.310.
As of Register 158 (July 2001), the regulations attorney made technical revisions under AS 44.62.125 (b)(6), to reflect the 2000 renumbering of former AS 09.25.100 - 09.25.220 by the revisor of statutes. The provisions of former AS 09.25.100 - 09.25.220 were relocated to AS 40.25.100 - 40.25.220.
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Last modified 7/05/2006