Welcome to MuckRock's South Dakota Open Records Law 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 South Dakota'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
South Dakota Open Records Law SDCL § 1-27-37 specifically requires that an agency provide a response to a public records request within 10 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 South Dakota Open Records Law. Your accelerated attention to this matter will be greatly appreciated.
Proper Use
An agency has 10 business days to respond to the initial request.
Improper Use
According to the South Dakota Open Records Law “A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request.”