Welcome to MuckRock's Indiana Access to 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 Indiana'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
Indiana Access to Public Records Act I.C. § 5-14-3-9(a) : specifically requires that an agency provide a response to a public records request within seven 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 Indiana Access to Public Records Act. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has seven days to respond to the initial request.
Improper Use
According to the Indiana Access to Public Records Act “A request for records may be oral or written. See I.C. § 5-14-3-3(a); § 5-14-3-9(c).<br /> If the request is delivered in person and the agency does not respond within 24 hours, the request is deemed denied.<br /> See I.C. § 5-14-3-9(a). If the request is delivered by mail or facsimile and the agency does not respond to the request within seven (7) days of receipt, the request is deemed denied.”
Key Citations
I.C. § 5-14-3-9(a)
I.C. § 5-14-3-9(c)