Indiana Access to Public Records Act Request

INDIANA ACCESS TO PUBLIC RECORDS ACT REQUEST

(Ind. Code chapter 5-14-3)

PRACTITIONER NOTES

1. Direct the request to the public agency's records contact or official electronic portal. Describe identifiable records with reasonable particularity. A request for existing records is safer than a demand that the agency create a new compilation, list, report, or format.
2. The statutory acknowledgment or denial period is not necessarily the production deadline. Current Public Access Counselor guidance states that a remote request sent by email, fax, or U.S. mail should be acknowledged within seven days, while an in-person or hand-delivered request should receive a response within twenty-four business hours. Records then must be produced within a reasonable time based on the facts and context.
3. Effective July 1, 2026, an agency may use a portal with CAPTCHA or an equivalent human check, verify a physical address, determine Indiana residency, and flag suspected automated, phishing, or data-scraping submissions. Ind. Code § 5-14-3-3.3(a).
4. An agency may decline a request it suspects is data scraping or phishing, or whose electronic response may expose or jeopardize agency systems or data. It must report that request and its reason to the Public Access Counselor within seven days of receipt. Ind. Code § 5-14-3-3.3(b), (c).
5. Suspicion that a request is merely automated does not by itself authorize denial. It may support reporting, lower priority, delay needed to protect core functions, and a supplemental fee under the 2026 provisions.
6. An agency may prioritize Indiana residents and requests for civic, journalistic, academic, or personal use. Requests identified as originating from out-of-state entities or automated systems may be delayed as necessary to prevent disruption of core functions. Ind. Code § 5-14-3-8.1.
7. A supplemental fee for a non-Indiana resident or out-of-state entity must relate reasonably to fulfillment cost and may not exceed $0.25 per page and $25 per staff hour. The agency may waive that supplemental fee if the request serves the public interest. Ind. Code § 5-14-3-8(n), (o).
8. Ordinary copy, certification, electronic-output, search, and special-record fees are governed by the detailed rules and exceptions in § 5-14-3-8. Do not assume that every electronic record is free or that every search charge is prohibited; request an itemized estimate before work begins.
9. A formal Public Access Counselor complaint generally must be filed within thirty days after denial. Seeking and receiving an informal inquiry response or advisory opinion before suit ordinarily preserves eligibility for requester attorney fees and is required before the court may assess most APRA civil penalties. Ind. Code §§ 5-14-3-9(i), (j), 5-14-5-7.
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: [OFFICIAL PORTAL / EMAIL / MAIL / FACSIMILE / HAND DELIVERY]

To:
[RECORDS CUSTODIAN / PUBLIC-RECORDS CONTACT]
[PUBLIC AGENCY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

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

Re: Indiana APRA Request — [SUBJECT]

Dear Records Custodian:

Under the Indiana Access to Public Records Act, Ind. Code chapter 5-14-3, 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, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

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

This request is submitted by a person and seeks existing public records. It is not phishing or data-scraping activity and does not ask the agency to expose its systems or data to unauthorized access or alteration. If verification or clarification is reasonably needed, please contact me at [EMAIL / TELEPHONE].

2. Residency and Purpose

[SELECT AND RETAIN ONLY ACCURATE STATEMENTS.]

• ☐ I am an Indiana resident.
• ☐ I am not an Indiana resident.
• ☐ I submit this request for civic use.
• ☐ I submit this request for journalistic use.
• ☐ I submit this request for academic use.
• ☐ I submit this request for personal use.
• ☐ I submit this request for another purpose: [PURPOSE].
• ☐ I prefer not to state a purpose.

I provide this information for any priority determination under Ind. Code § 5-14-3-8.1 and fee determination under § 5-14-3-8(n). It does not alter the records requested.

3. Inspection, Copies, and Delivery

I request:

• ☐ inspection during regular business hours;
• ☐ electronic copies in the format in which the agency maintains the records;
• ☐ electronic copies in this available format: [FORMAT];
• ☐ paper copies;
• ☐ certified copies; or
• ☐ another available method: [METHOD].

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

If the requested format is unavailable or would require chargeable reprogramming, compilation, or enhanced access, please identify an existing alternative and its estimated cost before beginning that work.

4. Fees

I authorize lawful fees up to $[AMOUNT]. Please provide an itemized estimate and obtain my written approval before exceeding that amount. If advance payment is required, please identify the statutory or adopted fee basis and explain the calculation.

[OPTIONAL FOR A NON-INDIANA REQUESTER OR OUT-OF-STATE ENTITY: I request waiver of any supplemental fee under Ind. Code § 5-14-3-8(o) because this request serves the public interest by [FACT-SPECIFIC EXPLANATION OF EXPECTED PUBLIC BENEFIT AND DISSEMINATION].]

5. Response, Partial Disclosure, and Denial

Please acknowledge this request within the period applicable to its delivery method and provide responsive records within a reasonable time. If production cannot be completed with the acknowledgment, please identify:

1. the records or categories the agency expects to provide;
2. any clarification reasonably needed;
3. the estimated production date; and
4. any expected fee.

If part of a record is nondisclosable, please separate or redact that material and provide the disclosable remainder under Ind. Code § 5-14-3-6.

If the agency denies all or part of this written request, please provide the written denial required by Ind. Code § 5-14-3-9(d), including:

1. each specific exemption authorizing the withholding; and
2. the name and title or position of the person responsible for the denial.

If the agency does not maintain a requested record, 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

• Preserve the record: Keep the request, portal confirmation, email headers, proof of receipt, verification communications, acknowledgment, estimate, payment, production, and denial.
• Acknowledgment versus production: A timely acknowledgment does not end the inquiry. The agency must continue toward production within a reasonable time; reasonableness depends on record volume, complexity, redaction needs, agency resources, and communications.
• Suspicious-request denial: If § 5-14-3-3.3 is invoked, preserve the exact request and agency explanation. The agency must report a declined suspicious request to the Public Access Counselor within seven days, but the statute does not expressly require the agency to provide the requester a copy of that report.
• PAC complaint: Use the current prescribed form and generally file within thirty days after denial. Filing a complaint does not stop any limitations period applicable to a lawsuit. Ind. Code §§ 5-14-5-7, 5-14-5-12.
• Direct court action: A denied requester may sue in the circuit or superior court of the county where the denial occurred. Review is de novo, and the public agency bears the burden to sustain its denial. Ind. Code § 5-14-3-9(e), (f).
• Attorney fees: A substantially prevailing plaintiff ordinarily is ineligible for attorney fees, costs, and other reasonable litigation expenses if suit was filed without first seeking and receiving an informal inquiry response or advisory opinion from the Public Access Counselor, subject to the narrow statutory exception and special law-enforcement-recording rule. Ind. Code § 5-14-3-9(i), (k).
• Civil penalties: Do not rely on the former template's claim that any knowing APRA violation is a Class A infraction punishable by $10,000. Most APRA civil penalties require a qualifying PAC advisory opinion before suit and the elements in Ind. Code § 5-14-3-9.5.
• Get legal advice: Suspicious-request classifications, residency fees, reasonable-time disputes, PAC strategy, and litigation remedies are fact-sensitive. Consult Indiana counsel promptly after a denial or material delay.

CURRENT OFFICIAL SOURCES

• Indiana General Assembly — 2026 Indiana Code, Title 5
• Indiana General Assembly — HEA 1360 enrolled text
• Indiana Public Access Counselor — overview of Public Law 97-2026 changes
• Indiana Public Access Counselor — statutory additions under HEA 1360
• Indiana Public Access Counselor — current formal complaint guide