Idaho Public Records Request

IDAHO PUBLIC RECORDS REQUEST

(Idaho Code title 74, chapter 1)

PRACTITIONER NOTES

1. Send the request to the agency's designated custodian and clearly identify it as a public records request. Under Idaho Code § 74-103(1), an agency has no obligation to respond to a request that does not satisfy those requirements.
2. An agency may require a written request that specifically describes the subject matter and records, includes a creation-date range, and supplies the requester's name, mailing address, email address, and telephone number. The request must also include a written declaration attesting or affirming under oath whether the requester is an Idaho resident. Idaho Code § 74-102(4).
3. Idaho Code § 74-101(15) defines a resident generally as a person domiciled continuously in Idaho for at least thirty days, with stated rules for students, domestic entities, spouses, and dependent children. Do not claim resident status without checking the full definition.
4. For a resident, the agency must grant or deny the request within three working days. If more time is needed to locate or retrieve records, it must give written notice and provide the records no later than ten working days after the request. Idaho Code § 74-103(2).
5. For a nonresident who is not employed by a resident, the corresponding periods are twenty-one days to grant or deny and thirty-five days to provide records after a written extension notice. Converted electronic records may instead be produced at a mutually agreed time under § 74-103(2).
6. For resident requests, the first two hours of labor and first one hundred pages of paper records are generally free unless another Idaho law authorizes or prescribes fees. Resident labor and copying fees are subject to the limits and itemization requirements in § 74-102(10).
7. A resident is entitled to a fee waiver only by satisfying all three elements in § 74-102(10)(f): significant contribution to public understanding of government operations or activities; no primary individual interest, including specified litigation interests; and insufficient resources such that disclosure will not occur if fees are charged.
8. The sole remedy for a person aggrieved by a denial is a district-court proceeding filed within 180 calendar days after the agency mails the denial or partial denial. Idaho Code § 74-115. There is no general administrative-appeal prerequisite in the Act.
9. 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

PUBLIC RECORDS REQUEST UNDER IDAHO CODE TITLE 74, CHAPTER 1

Date: [DATE]

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

To:
[DESIGNATED CUSTODIAN]
[PUBLIC AGENCY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

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

Re: Idaho Public Records Request — [SUBJECT]

Dear Designated Custodian:

This is a public records request under the Idaho Public Records Act, Idaho Code title 74, chapter 1. I request examination 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.]

Creation-date range: [START DATE] through [END DATE]

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

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

If clarification would help locate the records with reasonable effort or reduce cost, please contact me at [EMAIL / TELEPHONE].

2. Examination, Copies, and Delivery

I request:

• ☐ inspection during regular office or working hours;
• ☐ electronic copies of records available electronically;
• ☐ paper copies;
• ☐ certified copies;
• ☐ permission to make photographs or other copies using equipment designated by the custodian; or
• ☐ another available method: [METHOD].

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

Requested electronic format, if applicable: [FORMAT]. If an existing electronic record must be converted and conversion cannot be completed within the applicable response period, please provide the written notice required by Idaho Code § 74-103(2) and contact me to agree on a production time.

3. Residency Declaration

[SELECT ONE STATUS ONLY AFTER REVIEWING IDAHO CODE § 74-101(15).]

• ☐ Resident: I attest and affirm under oath that I am an Idaho resident as defined by Idaho Code § 74-101(15).
• ☐ Nonresident: I attest and affirm under oath that I am not an Idaho resident as defined by Idaho Code § 74-101(15).

I declare that the residency statement selected above is true and correct.

__________________________________
[REQUESTER NAME]
[DATE]

[USE ANY AGENCY-REQUIRED DECLARATION OR NOTARIZATION FORM. CONSULT IDAHO COUNSEL IF THE REQUIRED FORM OF THE OATH IS UNCLEAR.]

4. Fees

I authorize lawful fees up to $[AMOUNT]. Please provide an itemized estimate and obtain my written approval before exceeding that amount.

For a resident request, please apply Idaho Code § 74-102(10), including:

• no fee for the first two hours of labor or the first one hundred pages of paper records, unless another law authorizes or prescribes a fee;
• resident labor charges based on the lowest-paid necessary and qualified employee or attorney, as applicable;
• itemization of per-page costs, hourly rates, and actual time rather than a lump sum; and
• return of any advance payment exceeding actual labor and copying costs.

I understand that § 74-102 permits advance payment and allows related requests made solely to avoid fees to be aggregated.

5. Optional Resident Fee-Waiver Request

[DELETE THIS SECTION UNLESS THE REQUESTER IS A RESIDENT AND CAN TRUTHFULLY ESTABLISH ALL THREE ELEMENTS.]

I request a waiver under Idaho Code § 74-102(10)(f) because:

1. Public understanding: Examination or copying is likely to contribute significantly to public understanding of government operations or activities because [FACT-SPECIFIC EXPLANATION].
2. Not primarily individual: The request is not primarily in my individual interest, including an interest in litigation in which I am or may become a party, because [FACT-SPECIFIC EXPLANATION].
3. Insufficient resources: I have insufficient financial resources to pay the fees, and the examination or copying will not occur if fees are charged, because [FACT-SPECIFIC EXPLANATION AND SUPPORT].

6. Response and Withholdings

Please grant or deny this request within the period applicable under Idaho Code § 74-103(2). If additional time is needed to locate or retrieve records, please provide the required written notice within the initial period and produce the records by the applicable extended deadline.

If the agency denies all or part of the request, please provide the written notice required by § 74-103(4) and (5), including:

1. the statutory authority for the denial;
2. whether agency counsel reviewed the request or the agency had an opportunity to consult counsel and chose not to do so; and
3. a clear statement of the right and time to appeal.

Please separate exempt and nonexempt material and make all nonexempt material available as required by Idaho Code § 74-112.

If the agency does not have custody or control of a requested record, please say so and identify the likely designated custodian if known.

Thank you for your assistance.

Respectfully,

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

POST-SUBMISSION AND ENFORCEMENT NOTES

• Preserve receipt: Keep the request, residency declaration, attachments, proof of receipt, extension notice, estimate, payment, production, and denial notice.
• Track the correct period: Resident and nonresident response periods differ. A failure to respond within the applicable period is deemed a denial under Idaho Code § 74-103(3).
• Check the denial notice: A denial or partial denial must give statutory authority, the attorney-review statement, and clear notice of the right and time to appeal.
• Court deadline and venue: Under § 74-115, a petition must be filed within 180 calendar days after mailing of the denial or partial denial, in the district court for the county where some or all of the records are located.
• Special parties: If the agency invokes § 74-107(1) or (24), § 74-115 requires the petitioner to name and serve the person or entity that filed or provided the documents. Obtain Idaho counsel.
• Fees and penalty: Under § 74-116, prevailing-party costs and attorney fees are awarded only if the court finds the request or refusal was frivolously pursued. Section 74-117 authorizes a civil penalty up to $1,000 for a deliberate, bad-faith improper refusal by a public official.
• Get legal advice: The sworn residency statement, abbreviated litigation deadline, exemption analysis, and required parties can be consequential. Consult Idaho counsel promptly after a denial.

CURRENT OFFICIAL SOURCES

• Idaho Legislature — Public Records Act, title 74 chapter 1
• Idaho Code § 74-102 — access, request contents, fees, and waiver
• Idaho Code § 74-103 — request and response
• Idaho Code § 74-112 — separation of exempt and nonexempt material
• Idaho Code § 74-115 — proceeding and 180-day filing period
• Idaho Code § 74-116 — court order, costs, and attorney fees
• Idaho Code § 74-117 — additional civil penalty