Georgia Open Records Act Request

GEORGIA OPEN RECORDS ACT REQUEST

(O.C.G.A. §§ 50-18-70 through 50-18-77)

PRACTITIONER NOTES

1. Direct the request to the agency or employee that is the lawful custodian of the requested records. Effective May 14, 2025, Act 276 (S.B. 12) amended §§ 50-18-70 and 50-18-71 to define the custodian and require all requests to be made upon a custodian.
2. A request may be oral or written, but the enforcement and penalty provisions in §§ 50-18-73 and 50-18-74 are available only for a written request made consistently with § 50-18-71(b). Use a dated written request and preserve proof of receipt.
3. The agency must produce available responsive records within a reasonable time not exceeding three business days. If some records are available, it must provide those within the period. If existing records are unavailable within three business days, it must provide a description and production timeline within that period and then provide access as soon as practicable.
4. The three-business-day rule is not merely a deadline to acknowledge the request. It requires production of available records or the specific description-and-timeline response for unavailable records.
5. If an agency has designated an open-records officer and requires written requests to that officer or another authorized official, the response period does not begin until the written request reaches the proper recipient. Confirm the designation on the agency's website.
6. Under Act 276, the custodian must retrieve covered public records held by a private person or entity performing a service or function for the agency, or holding records transferred for storage or future governmental use, subject to the applicable retention period or agreement. The custodian need not retrieve records held by another agency or public entity.
7. The first quarter hour of search, retrieval, and redaction is free. Later time is capped at the prorated hourly salary of the lowest-paid full-time employee with the necessary skill and training. Ordinary letter- or legal-size copies may cost no more than $0.10 per page.
8. Withholding notice must identify the specific legal authority by Code section, subsection, and paragraph. Section 50-18-72(b) requires disclosure of all portions to which an exclusion does not directly apply.
9. Electronic records must be produced electronically or as printouts according to requester preference. If existing agency programs support the request, the agency cannot refuse merely because export or redaction requires ordinary search, filter, report, or similar commands. The agency need not create a new report, summary, or compilation.
10. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / FACSIMILE / MAIL / PORTAL / HAND DELIVERY]

To:
[LAWFUL CUSTODIAN / DESIGNATED OPEN RECORDS OFFICER]
[AGENCY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

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

Re: Georgia Open Records Act Request — [SUBJECT]

Dear Custodian:

Under the Georgia Open Records Act, O.C.G.A. §§ 50-18-70 through 50-18-77, I request inspection and/or copies of the following public records.

1. Records Requested

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

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

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

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

This request seeks records existing at the time of the request. It does not ask the agency to prepare a new report, summary, or compilation. If clarification would materially assist the search or reduce cost, please contact me at [EMAIL / TELEPHONE].

Optional contractor-record statement: Responsive records may be held by [PRIVATE PERSON / ENTITY] in performing [SERVICE OR FUNCTION] for the agency or after transfer for storage or future governmental use. Please retrieve those records as required by § 50-18-71(a)(2), as amended by 2025 Ga. Act 276.

2. Inspection, Electronic Format, and Delivery

I request:

• ☐ inspection during agency business hours;
• ☐ electronic copies in the format in which the agency keeps the data;
• ☐ a standard export format supported by existing agency programs: [FORMAT];
• ☐ paper copies;
• ☐ permission to make photographic or electronic reproductions during inspection; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

For electronic records, please apply § 50-18-71(f). If the requested format is not supported by an existing program used in the ordinary course, please identify an available format before incurring material cost.

3. Fees

I agree to pay lawful fees up to $[AMOUNT]. Please provide an estimate and obtain my written authorization before exceeding that amount.

Please apply the most economical means reasonably calculated to identify and produce responsive, nonexcluded records. Under § 50-18-71(c):

• no charge may be made for the first quarter hour of search, retrieval, or redaction;
• later time may not exceed the prorated salary of the lowest-paid full-time employee with the necessary skill and training;
• letter- or legal-size copies may not exceed $0.10 per page;
• other copies may be charged at actual production cost; and
• electronic-media charges are limited to the actual cost of the medium.

If estimated costs will exceed $25, § 50-18-71(d) requires notice and an estimate within a reasonable time not exceeding three business days. I understand that the agency may defer work until I agree to pay unless this request already authorizes an amount above the estimate, and that prepayment may be required when estimated production cost exceeds $500.

4. Three-Business-Day Response and Withholdings

Within a reasonable time not exceeding three business days after receipt, please:

1. provide all responsive records that can be located and produced;
2. for existing records unavailable within that period, describe the records and provide the timeline required by § 50-18-71(b)(1)(A); and
3. identify any withholding by the specific Code section, subsection, and paragraph required by § 50-18-71(d).

Please produce the responsive records or access as soon as practicable. If an exclusion applies only to part of a record, please provide all remaining portions as required by § 50-18-72(b).

If no responsive records exist, this agency is not the lawful custodian, or the records are held by another agency or public entity, please say so and identify the likely custodian if known.

Thank you for your assistance.

Respectfully,

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

POST-SUBMISSION AND ENFORCEMENT NOTES

• Clock and receipt: Preserve delivery evidence showing when the written request reached the lawful custodian or the agency's required designated recipient.
• Partial production: When some records are available within three business days, the agency must provide them within that period rather than delaying all production.
• Withholding timing: The specific legal authority generally must be given within three business days; if retrieval is delayed, the authority is due no later than three business days after retrieval.
• Cost timing: For an estimate over $25, the agency may pause search and retrieval until the requester agrees to pay. For an estimate over $500, the agency may insist on prepayment before beginning.
• Civil-litigation requests: Section 50-18-71(e) imposes special written-request and service-on-counsel requirements when a civil litigant seeks records for use in ongoing civil or administrative litigation against the agency.
• Judicial enforcement: Section 50-18-73(a) gives Georgia superior courts jurisdiction to enforce the Act and permits an action by any person, firm, corporation, or other entity.
• Attorney fees: Under § 50-18-73(b), if the court determines that either party acted without substantial justification in noncompliance or in bringing the litigation, the court generally must assess reasonable attorney fees and litigation costs for the complaining party unless special circumstances exist. This is not a simple prevailing-party rule.
• Penalties: Section 50-18-74 separately addresses knowing and willful violations, negligent civil violations, repeat violations, and destruction intended to prevent disclosure. Obtain Georgia counsel before pursuing penalties.
• Keep the record: Retain the request, proof of receipt, agency designation, estimates, payments, productions, timelines, and exemption notices.

CURRENT OFFICIAL SOURCES

• Georgia Attorney General — current posted Open Records Act text
• Georgia Attorney General — Open Government law page
• Georgia General Assembly — 2025 enacted-statutes summary, Act 276 / S.B. 12
• Georgia General Assembly — S.B. 12 (2025–2026), Act 276