Welcome to MuckRock's Idaho Public 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 Idaho'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.
Example Appeals
Idaho Public Records Act I.C. § 74-103 : 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 Idaho Public Records Act. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has three days to respond to the initial request.
Improper Use
According to the Idaho Public Records Act “I.C. § 74-103 requires that public records requests be granted or denied ” within three (3) working days of the date of receipt of the request for examination or copying.”
Key Citations
See Cover v. Idaho Bd. of Corr., 167 Idaho 721, 731 (2020) (Under the Public Records Act, an agency must respond to a records request within three working days, can extend this period to ten days with written notice, and is allowed to claim exemptions beyond this period, balancing the need for transparency and the protection of sensitive information.)