Public Records Request - Arkansas

ARKANSAS FREEDOM OF INFORMATION ACT REQUEST

(Ark. Code Ann. §§ 25-19-101–25-19-112)

PRACTITIONER NOTES

1. The Arkansas FOIA generally opens public records to inspection and copying by an Arkansas citizen during the custodian's regular business hours, subject to statutory exemptions and the access exclusions in § 25-19-105(a)(1)(B).
2. A request may be made in person, by telephone, mail, fax, email, or another electronic method provided by the custodian. It must be sufficiently specific to let the custodian locate the records with reasonable effort. Ark. Code Ann. § 25-19-105(a)(2).
3. Records not in active use or storage must be provided immediately. If a record is in active use or storage and therefore unavailable, the custodian must certify that fact in writing and set a date and hour within three working days when it will be available. Ark. Code Ann. § 25-19-105(a)(6), (e). The Act does not give every request an automatic three-day processing period.
4. For a written request, the custodian must respond in writing within the governing time period if no responsive record exists, an exemption applies, or another custodian has administrative control and is known or readily ascertainable. Ark. Code Ann. § 25-19-105(a)(3)–(4).
5. Copy fees generally may not exceed the actual reproduction cost, excluding existing agency personnel time, plus actual mailing or electronic-transmission cost. The custodian must provide an itemized breakdown, may require advance payment if the estimate exceeds $25, and may waive or reduce fees for a primarily noncommercial request when waiver is in the public interest. Ark. Code Ann. § 25-19-105(d)(3).
6. The Act requires reasonably segregable nonexempt portions to be released and places the separation cost on the custodian. Ark. Code Ann. § 25-19-105(f).
7. This is a unilateral records request, not a contract. Delete any unused bracketed instructions; do not add bilateral warranties, cure periods, assignment restrictions, arbitration clauses, or redistribution-consent terms.

REQUEST LETTER

Date: [DATE]

To:
[CUSTODIAN OF RECORDS]
[PUBLIC ENTITY]
[MAILING ADDRESS / EMAIL / REQUEST PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Arkansas FOIA Request — [SUBJECT]

Dear Custodian of Records:

Under the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-105, I request inspection and/or copies of the following public records. I am an Arkansas citizen.

1. Records Requested

1. [DESCRIBE THE FIRST EXISTING RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND EXISTING RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, employee, project, contract, incident, matter, or file number: [DETAILS]

Helpful search terms, email addresses, or record locations: [DETAILS]

If the request is not sufficiently specific to locate the records with reasonable effort, please contact me at [EMAIL / TELEPHONE] so I can clarify or narrow it.

2. Access, Copies, and Format

I request:

• ☐ inspection during the custodian's regular business hours;
• ☐ electronic copies;
• ☐ paper copies; or
• ☐ copies in this readily available or readily convertible medium: [FORMAT].

Preferred delivery method: [EMAIL / SECURE LINK / INSPECTION APPOINTMENT / MAIL / PICKUP].

Under § 25-19-105(d)(2), I understand that the custodian need not compile information or create a record that does not already exist. If my preferred medium is not readily available or readily convertible with the custodian's existing software, please identify an available alternative.

3. Fees

I agree to pay properly assessed fees up to $[AMOUNT]. Please provide the itemized breakdown required by § 25-19-105(d)(3)(B) and obtain my approval before exceeding that amount.

Optional fee-waiver request: I ask the custodian to waive or reduce the fee under § 25-19-105(d)(3)(A)(iv) because the records are requested primarily for noncommercial purposes and waiver is in the public interest for these reasons: [FACT-SPECIFIC EXPLANATION].

4. Timing, Exemptions, and Segregation

Please provide immediately any responsive records that are not in active use or storage. If a record is in active use or storage, please provide the written certification and availability date required by § 25-19-105(e).

If no responsive record exists, an exemption applies, or another known or readily ascertainable custodian controls a responsive record, please provide the written response required by § 25-19-105(a)(3). For each withholding, please identify the applicable exemption.

If exempt and nonexempt information is commingled, please release each reasonably segregable nonexempt portion and indicate the amount and, if technically feasible, the location of deleted material as required by § 25-19-105(f).

Thank you for your assistance.

Sincerely,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION NOTES

• Preserve the request and delivery proof. The written-response duties in § 25-19-105(a)(3) apply to a written request.
• No records / wrong custodian / exemption: A written response may be delivered by email. A custodian who knowingly fails to make the required response is subject to § 25-19-104. Ark. Code Ann. § 25-19-105(a)(4)–(5).
• Personnel or evaluation records: Section 25-19-105(c) has special 24-hour decision and Attorney General review procedures. Do not use the general timing language without reviewing that subsection.
• Enforcement: A citizen denied FOIA rights may appeal immediately to the circuit court specified in § 25-19-107(a). Upon written application, the court must set a hearing within seven days. Fee and cost recovery is governed by § 25-19-107(d)–(e), including a separate Arkansas State Claims Commission route for qualifying claims against the state or a state department, agency, or institution.
• 2025 school-material amendment: Act 649 of 2025 added special access and use rules for public-school learning materials. Review current § 25-19-105(i) before requesting or republishing copyrighted learning materials.

CURRENT OFFICIAL SOURCES

• Arkansas Attorney General — Arkansas Freedom of Information Act
• Arkansas Attorney General — Freedom of Information Handbook, 21st Edition
• Arkansas Legislature — Act 505 of 2025
• Arkansas Legislature — Act 649 of 2025