Welcome to MuckRock's Georgia Open Records Act appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about Georgia's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Constructive Denial
This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
There is no legal basis for an agency being completely unresponsive and an agency has three days to respond to the initial request.
According to the Georgia Open Records Act, “Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request…” O.C.G.A. § 50-18-71(b)(1)(A).
A district attorneys response, “notifying him that the records would be made available for inspection and copying” was sufficiently compliant with the statute. Felker v. Lukemire, 267 Ga. 296, 299.
However, no response, “within the required three-day period” violates the statute. Wallace v. Greene Cnty., 274 Ga. App. 776, 783-84 (2005).
Example Appeals
Georgia Open Records Act O.C.G.A. § 50-18-71(b): specifically requires that an agency provide a response to a public records request within three business days of receipt of that request.
By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.
Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the Georgia Open Records Act. Your accelerated attention to this matter will be greatly appreciated.