NEVADA PUBLIC RECORDS ACT REQUEST

(NRS Chapter 239)

TABLE OF CONTENTS

1. Overview of the Nevada Public Records Act
2. Public Records Request Letter Template
3. Records Description Guidance
4. Fee Provisions
5. Response Timeline
6. Exemptions Overview
7. Appeal Procedures
8. Appeal Letter Template
9. Enforcement Mechanisms
10. Follow-Up Letter Template
11. Fee Waiver Request Template
12. Documentation Checklist
13. Key Differences from Federal FOIA
14. State-Specific Notes
15. Sources and References

1. OVERVIEW OF THE NEVADA PUBLIC RECORDS ACT {#1-overview}

1.1 Name and Citation

Nevada's public records law is the Nevada Public Records Act (NPRA), codified primarily in NRS Chapter 239. The NPRA establishes the framework for public access to government records at all levels of state and local government in Nevada.

1.2 Legislative Findings and Purpose

NRS 239.001 sets forth the Legislature's findings:

"The Legislature hereby finds and declares that: (a) The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law; (b) It is the policy of this State that all public books and records must be open to inspection by any person unless otherwise provided by law."

The Act reflects Nevada's strong public policy that government records belong to the people and should be accessible.

1.3 Key Features

• Presumption of Openness: All public records are presumed open unless a specific statute declares them confidential (NRS 239.010)
• Five Business Day Response: Governmental entities must respond within five (5) business days (NRS 239.0107)
• Burden on Government: The governmental entity bears the burden of proving confidentiality by a preponderance of the evidence (NRS 239.0113)
• Broad "Governmental Entity" Definition: Covers executive, legislative, and judicial branches, as well as quasi-governmental entities, school districts, university foundations, and other bodies
• Court Enforcement with Priority: District court actions receive priority over other civil matters (NRS 239.011)
• Attorney's Fees to Prevailing Requester: Successful requesters may recover costs and reasonable attorney's fees (NRS 239.011)
• Designation of Records Official: Every governmental entity must designate a records official (NRS 239.055)
• No Residency Requirement: Any person may request records
• Felony Penalties for Destruction: Destruction of public records is a category C felony (NRS 239.300)

1.4 Who May Request Records

NRS 239.0107 provides that "a person may request to inspect or copy a public book or record of a governmental entity." There is no citizenship, residency, or purpose requirement. Any natural person, corporation, partnership, association, or other entity may make a request.

1.5 Records Covered

The NPRA covers all "public books and records," which the Nevada Supreme Court has interpreted broadly to include any records created or received by a governmental entity in connection with the transaction of official business, regardless of format. This includes paper documents, electronic records, emails, databases, photographs, audio and video recordings, and digital files.

1.6 Agencies Covered

The NPRA uses the term "governmental entity," which NRS 239.005 defines broadly to include:
- The State of Nevada and all its agencies, departments, boards, and commissions
- The Legislature and its committees
- The judiciary and its administrative offices
- All political subdivisions, including counties, cities, towns, and unincorporated towns
- School districts and charter schools
- Special districts (water, fire, sewer, etc.)
- University and community college foundations
- Any other entity that performs a governmental function or receives public funds

2. PUBLIC RECORDS REQUEST LETTER TEMPLATE {#2-request-letter}

[Public Records Request Under NRS Chapter 239]

Date: [__/__/____]

TO:
[________________________________]
(Name of Records Official or Custodian)
[________________________________]
(Name of Governmental Entity)
[________________________________]
(Street Address)
[________________________________]
(City, Nevada ZIP Code)
Email: [________________________________]
Telephone: [________________________________]

FROM:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Organization, if applicable)
[________________________________]
(Mailing Address)
[________________________________]
(City, State, ZIP Code)
Telephone: [________________________________]
Email: [________________________________]

RE: Public Records Request Under NRS Chapter 239

Dear Records Official:

Pursuant to the Nevada Public Records Act, NRS Chapter 239, I am requesting access to inspect and/or obtain copies of the following public records:

Description of Records Requested

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Scope and Time Period

This request covers records created, received, or maintained during the period from [__/__/____] to [__/__/____], inclusive.

Format of Records Requested

I request that responsive records be provided in the following format:

☐ Inspection at the governmental entity's offices at a mutually convenient time
☐ Paper copies
☐ Electronic copies (PDF format preferred)
☐ Electronic copies via email to: [________________________________]
☐ Electronic copies on portable media (CD, DVD, USB drive)
☐ Other format: [________________________________]

If the records exist in electronic format, I request that they be provided electronically to minimize costs, as contemplated by the fee provisions of NRS 239.052.

Fee Provisions

I understand that pursuant to NRS 239.052, the governmental entity may charge a fee not exceeding the actual cost incurred in providing a copy of a public record.

☐ I am willing to pay reasonable copying fees up to $[____].
☐ Please notify me if estimated costs will exceed $[____] so I may narrow the request.
☐ I request a fee waiver as described in the attached Fee Waiver Request (see Section 11).

I note that under NRS 239.052, the governmental entity may not charge a fee for:
- Determining whether a record is a public record
- Searching for or retrieving records
- Staff time for complying with a public records request
- A requester's use of a personal device to copy or photograph public records
- Recouping the original cost of developing or producing the records

Response Deadline

Pursuant to NRS 239.0107, I respectfully request that you respond to this request within five (5) business days of receipt. The statutory deadline for response is [__/__/____].

If you are unable to provide the records within five business days, please provide written notification within that period, including a date and time after which the records will be available, or a specific statement that the records are confidential with a citation to the legal authority for that determination.

Partial Disclosure

If any portion of the requested records is declared confidential by law, I request that the confidential portions be redacted and that the non-confidential portions be provided. Please identify the specific statute or other legal authority that makes each withheld portion confidential, as required by NRS 239.0107(1)(d).

Legal Authority

I call your attention to NRS 239.010, which provides that all public books and records must be open for inspection by any person unless otherwise declared by law to be confidential. I also note that NRS 239.0113 places the burden of proving confidentiality on the governmental entity.

Contact Information

If you have questions or need clarification regarding this request, please contact me at the telephone number or email address listed above. I am happy to discuss ways to narrow or refine this request to facilitate a timely response.

Thank you for your prompt attention to this matter.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

3. RECORDS DESCRIPTION GUIDANCE {#3-records-description}

3.1 Tips for Describing Records

Nevada's records request process benefits from precise, detailed descriptions. Consider including:

• Subject Matter: Clearly identify the topic, project, program, or issue
• Date Range: Provide specific beginning and ending dates
• Key Persons or Entities: Name specific individuals, departments, vendors, or organizations
• Record Type: Specify emails, contracts, reports, meeting minutes, correspondence, memoranda, etc.
• Reference Numbers: Include any known contract numbers, project numbers, permit numbers, or case numbers
• Location/Department: Identify the specific office, division, or department that likely holds the records

3.2 Sample Records Descriptions

Government Contracts and Procurement:
"All contracts, purchase orders, requests for proposals, bid documents, invoices, and payment records between [Governmental Entity] and [Vendor Name] from [Start Date] through [End Date], including any amendments, change orders, and related correspondence."

Law Enforcement Records:
"All incident reports, supplemental reports, dispatch logs, body-worn camera footage, and arrest records related to case number [Case Number] or incident occurring on [Date] at [Location], excluding any information declared confidential by law."

Land Use and Development:
"All applications, permits, site plans, staff reports, correspondence, hearing notices, and decision documents related to the project at [Property Address/APN Number] submitted to the [Planning Department/Commission] during [Time Period]."

Personnel Records (Non-Confidential):
"The following information for [Employee Name/Position]: name, title, gross salary, date of hire, department, and job description, as well as any final disciplinary actions that resulted in discipline, as permitted under Nevada law."

Environmental and Regulatory:
"All inspection reports, violation notices, compliance orders, enforcement actions, and related correspondence regarding [Facility Name/Address] maintained by [Agency] from [Start Date] to [End Date]."

Financial and Budget Records:
"The complete adopted budget, actual revenue and expenditure reports, comprehensive annual financial reports, and audit reports for [Governmental Entity] for fiscal years [Year] through [Year]."

Email Communications:
"All emails sent or received by [Official Name/Title] between [Start Date] and [End Date] containing the terms '[Search Term 1]' or '[Search Term 2]' relating to [Subject Matter]."

Gaming and Licensing Records:
"All non-confidential licensing applications, public hearing records, and compliance reports related to [Licensee/Applicant Name] filed with the [Nevada Gaming Control Board/Other Agency] during [Time Period]."

4. FEE PROVISIONS {#4-fee-provisions}

4.1 General Fee Rules Under NRS 239.052

Nevada's fee provisions are among the most requester-friendly in the nation. Under NRS 239.052:

Fees Permitted:
- The governmental entity may charge a fee for providing a copy of a public record
- The fee must not exceed the actual cost incurred in providing the copy

Fees Explicitly Prohibited:
The governmental entity may NOT charge a fee for:
- Determining whether a record is a public record
- Searching for or retrieving a public record
- Staff time for complying with a request
- A requester's use of a personal device to copy or photograph public records
- Recouping the original cost of developing or producing the records

4.2 What Constitutes "Actual Cost"

The "actual cost" of providing copies typically includes only:
- The cost of paper, toner, and similar consumable materials
- The cost of electronic media (CD, DVD, USB drive) if provided
- Postage or shipping costs if mailed
- Specialized reproduction costs for oversized or non-standard records

4.3 Typical Fee Schedule

4.4 Advance Deposit

Governmental entities may require payment before providing copies. If the estimated cost is large, the entity may ask for an advance deposit.

4.5 Fee Waivers

Under NRS 239.052, a governmental entity may adopt a written policy that waives all or a portion of the charges for copies. If such a policy is adopted, the entity must post notice detailing the terms of the policy in a conspicuous area.

4.6 Fee Disputes

If you believe a fee is unreasonable or violates NRS 239.052:
1. Request an itemized breakdown of the charges
2. Negotiate the scope or format of the request
3. Offer to inspect records in person and photograph them with your own device (which cannot be charged)
4. File an action in district court under NRS 239.011

5. RESPONSE TIMELINE {#5-response-timeline}

5.1 Statutory Deadline

Under NRS 239.0107, a governmental entity must respond not later than the end of the fifth business day after receiving a request. The response must take one of the following forms:

5.2 Extensions Beyond Five Business Days

If the governmental entity cannot provide the records within five business days, it must:
1. Notify the requester in writing within the 5-business-day period
2. Provide a specific date and time after which the records will be available
3. The extension must be reasonable under the circumstances

There is no statutory cap on extensions, but the time must be reasonably necessary under the circumstances.

5.3 Constructive Denial

If a governmental entity fails to respond within five business days, the failure to respond may be treated as a denial of the request, enabling the requester to seek judicial enforcement under NRS 239.011.

5.4 Calculating Business Days

Business days exclude Saturdays, Sundays, and Nevada state legal holidays. The five-day period begins on the first business day after the request is received.

5.5 Best Practices for Requesters

• Submit requests via email with a delivery/read receipt, or via certified mail
• Note the date of receipt and calculate the 5-business-day response deadline
• Follow up in writing if no response is received by the deadline
• Document all communications and preserve all correspondence
• Consider following up by telephone on or around the third business day

6. EXEMPTIONS OVERVIEW {#6-exemptions}

6.1 General Principles

Nevada follows a "confidentiality only by statute" approach. Under NRS 239.010, all public records are open to inspection unless another statute specifically declares them confidential. The governmental entity bears the burden of proving confidentiality by a preponderance of the evidence under NRS 239.0113.

There is no general "balancing test" or broad discretionary exemption — a record is either declared confidential by a specific statute or it is open.

6.2 Common Statutory Confidentiality Provisions

The following are examples of records declared confidential by specific Nevada statutes. This is not an exhaustive list, as confidentiality provisions are scattered throughout the NRS:

Personal Privacy and Identifying Information:
- NRS 239.0105 — Social Security numbers in public records must be kept confidential
- NRS 239B.030 — Personal information collected for specific purposes (not a public record if collected for an administrative purpose unrelated to the public)
- NRS 603A — Data security; personal identifying information

Law Enforcement and Criminal Justice:
- NRS 239.012 — Records of criminal investigations may be confidential while an investigation is pending
- NRS 179A — Criminal history records
- NRS 179.255 — Sealed criminal records
- NRS 174.235 — Grand jury proceedings

Health and Medical:
- NRS 439.538 — Health care records and patient information
- NRS 629.061 — Medical records
- NRS 441A — Communicable disease records

Employment and Personnel:
- NRS 284.065 — Personnel records of state employees (portions may be confidential)
- NRS 239.014 — Home addresses and personal phone numbers of certain public employees

Business and Financial:
- NRS 239.0107(2) — Trade secrets (governmental entity may withhold if disclosure would result in competitive harm)
- NRS 333.333 — Sealed bids until opened
- NRS 463 — Confidential gaming records

Education:
- NRS 392.029 — Student records (also governed by FERPA)
- NRS 396.500 — University student records

Child Welfare and Juvenile:
- NRS 432B — Child abuse and neglect investigation records
- NRS 62H — Juvenile justice records

Attorney-Client and Deliberative:
- NRS 239.010(1) — Attorney-client privileged communications
- NRS 241.035 — Minutes of closed meetings of public bodies

Other:
- NRS 239C — Homeland security records
- NRS 422.290 — Medicaid recipient records
- NRS 239.010 — Records for which confidentiality is authorized by specific statute, regulation, or court order

6.3 Burden of Proof (NRS 239.0113)

When confidentiality is at issue:
- The governmental entity bears the burden of proving confidentiality
- The standard is preponderance of the evidence
- The entity must cite the specific statute or legal authority that makes the records confidential
- General or vague assertions of confidentiality are insufficient

6.4 Segregability

If a record contains both confidential and non-confidential information, the governmental entity must redact the confidential portions and release the remainder. Wholesale withholding of a record that contains only partially confidential information is not permitted.

7. APPEAL PROCEDURES {#7-appeal-procedures}

7.1 No Administrative Appeal Required

Nevada does not require requesters to exhaust administrative remedies before filing a court action. A requester may file directly in district court under NRS 239.011.

7.2 District Court Action (NRS 239.011)

Who May File:
Any person who has been denied access to, or the right to copy, a public record may apply to the district court for an order compelling disclosure.

Where to File:
The action should be filed in the district court of the county where the records are located or where the governmental entity has its principal office.

Priority:
NRS 239.011(1) requires the court to give this matter priority over other civil matters to which priority is not given by other statutes. This means the case should be heard more quickly than a standard civil case.

Standard of Review:
- The court reviews the matter de novo
- The court may conduct in camera inspection of the disputed records
- The burden of proof is on the governmental entity to prove confidentiality by a preponderance of the evidence (NRS 239.0113)

7.3 Timeline for Filing

NRS 239.011 does not specify a statute of limitations for filing. However, requesters should act promptly to avoid any argument of laches or waiver.

7.4 Remedies Available

Court Order Compelling Disclosure:
The court may order the governmental entity to allow inspection or copying of the records.

Attorney's Fees and Costs (NRS 239.011(2)):
The requester is entitled to recover from the governmental entity:
- Costs of the proceeding
- Reasonable attorney's fees

Appellate Attorney's Fees (NRS 239.011(3)):
If the governmental entity appeals the district court's decision and the decision is affirmed in whole or in part, the requester is entitled to recover costs and reasonable attorney's fees for the appeal.

7.5 Appeal of District Court Decision

Either party may appeal the district court's order to the Nevada Supreme Court (or the Court of Appeals, if assigned). The appeal must be filed within thirty (30) days after written notice of entry of the final judgment is served.

7.6 Records Over 30 Years Old (NRS 239.0115)

For records that have been in the legal custody of a governmental entity for at least 30 years, there is a rebuttable presumption that the records are public and must be disclosed, unless the governmental entity demonstrates that an exemption still applies.

8. APPEAL LETTER TEMPLATE {#8-appeal-letter}

8.1 Pre-Litigation Demand Letter

Date: [__/__/____]

VIA CERTIFIED MAIL AND/OR EMAIL

TO:
[________________________________]
(Name of Records Official)
[________________________________]
(Name of Governmental Entity)
[________________________________]
(Street Address)
[________________________________]
(City, Nevada ZIP Code)
Email: [________________________________]

FROM:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Mailing Address)
[________________________________]
(City, State, ZIP Code)
Telephone: [________________________________]
Email: [________________________________]

RE: Demand for Compliance with NRS Chapter 239 — Denial of Public Records Request Dated [__/__/____]

Dear Records Official:

I write concerning the denial of my public records request submitted on [__/__/____] pursuant to the Nevada Public Records Act (NRS Chapter 239), in which I sought the following records:

[________________________________]
[________________________________]
[________________________________]

Background

1. On [__/__/____], I submitted a written public records request to [Governmental Entity] requesting the records described above.

2. On [__/__/____], the governmental entity responded by:

☐ Denying my request in whole, citing: [________________________________]
☐ Denying my request in part, redacting portions and citing: [________________________________]
☐ Failing to respond within the five (5) business day period required by NRS 239.0107
☐ Charging fees that exceed the actual cost of providing copies, in violation of NRS 239.052
☐ Other: [________________________________]

Legal Analysis

I respectfully submit that the denial of my request violates the Nevada Public Records Act for the following reasons:

[________________________________]
[________________________________]
[________________________________]

Under NRS 239.010, all public books and records must be open for inspection unless otherwise declared confidential by law. Under NRS 239.0113, the governmental entity bears the burden of proving by a preponderance of the evidence that a record is confidential.

Demand

I hereby demand that [Governmental Entity]:

1. Produce all responsive records within ten (10) business days of receipt of this letter
2. Provide a specific statutory citation for any portion of records that is withheld as confidential
3. Segregate and release all non-confidential portions of any partially confidential records

Notice of Intent to File Court Action

If I do not receive a satisfactory response within the time specified above, I intend to file an application to the district court for an order compelling disclosure pursuant to NRS 239.011. Please be advised that:

• NRS 239.011 gives such actions priority over other civil matters
• NRS 239.011(2) entitles the requester to recover costs and reasonable attorney's fees
• NRS 239.0113 places the burden of proof on the governmental entity

Thank you for your immediate attention to this matter.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

Enclosures:
☐ Copy of original public records request
☐ Copy of denial or response (if any)
☐ Copies of follow-up correspondence

9. ENFORCEMENT MECHANISMS {#9-enforcement}

9.1 Judicial Enforcement (NRS 239.011)

9.2 Criminal Penalties (NRS 239.300)

The NPRA imposes significant criminal penalties for the destruction or alteration of records:

A category C felony in Nevada carries a penalty of 1 to 5 years in prison and a fine of up to $10,000.

9.3 Records Over 30 Years — Rebuttable Presumption

Under NRS 239.0115, records held for at least 30 years enjoy a rebuttable presumption of public access. The governmental entity must affirmatively demonstrate that a specific confidentiality provision still applies.

9.4 Practical Enforcement Considerations

• Priority docketing means public records cases should be heard faster than standard civil cases
• Attorney's fees at trial and on appeal create a strong incentive for governmental entities to comply
• Felony penalties for destruction deter improper destruction of records to avoid disclosure
• Burden on government reduces the requester's litigation burden

10. FOLLOW-UP LETTER TEMPLATE {#10-follow-up-letter}

Date: [__/__/____]

TO:
[________________________________]
(Name of Records Official)
[________________________________]
(Name of Governmental Entity)
[________________________________]
(Street Address)
[________________________________]
(City, Nevada ZIP Code)
Email: [________________________________]

FROM:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Mailing Address)
[________________________________]
(City, State, ZIP Code)
Telephone: [________________________________]
Email: [________________________________]

RE: Follow-Up — Public Records Request Dated [__/__/____] — Response Deadline Expired

Dear Records Official:

On [__/__/____], I submitted a public records request under the Nevada Public Records Act (NRS Chapter 239) to your office seeking the following records:

[________________________________]
[________________________________]
[________________________________]

The statutory response deadline of five (5) business days under NRS 239.0107 has now passed. As of the date of this letter, I have not received:

☐ Access to inspect or copy the requested records
☐ Written notification that the entity does not possess the requested records
☐ Written notification of additional time needed, with a specific date for availability
☐ Written notification that the records are confidential, with a citation to the applicable legal authority

Under NRS 239.0107, the governmental entity was required to respond by no later than [__/__/____].

I respectfully request that you:

1. Provide the requested records or allow inspection within three (3) business days of this letter, or
2. Provide a written response with the specific reason for any denial, including the statutory authority for any claim of confidentiality

Please be advised that the failure to respond to a public records request may constitute a denial of the request. Under NRS 239.011, I may apply to the district court for an order compelling disclosure, and the court is required to give such matters priority. I may also recover costs and reasonable attorney's fees.

Thank you for your immediate attention to this matter.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

11. FEE WAIVER REQUEST TEMPLATE {#11-fee-waiver}

Date: [__/__/____]

TO:
[________________________________]
(Name of Records Official)
[________________________________]
(Name of Governmental Entity)
[________________________________]
(Street Address)
[________________________________]
(City, Nevada ZIP Code)

FROM:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Mailing Address)
[________________________________]
(City, State, ZIP Code)

RE: Request for Fee Waiver — Public Records Request Dated [__/__/____]

Dear Records Official:

In connection with my public records request dated [__/__/____], I respectfully request a waiver or reduction of copying fees pursuant to NRS 239.052 for the following reasons:

Basis for Fee Waiver Request

☐ Adopted Fee Waiver Policy: I understand that NRS 239.052(2) permits governmental entities to adopt written policies waiving all or a portion of charges. If your entity has adopted such a policy, I request that it be applied to my request.

☐ Public Interest: The records requested involve a matter of significant public interest, specifically [________________________________]. Disclosure will contribute to public understanding of government operations and promote the democratic principles stated in NRS 239.001.

☐ Non-Commercial Purpose: The records are not sought for any commercial purpose. They will be used for:
☐ Personal research and civic engagement
☐ Journalistic purposes
☐ Academic or scholarly research
☐ Community advocacy or education
☐ Other non-commercial purpose: [________________________________]

☐ Government Accountability: The records relate to potential government misconduct, waste, or misuse of public funds. Public disclosure will advance the accountability purposes of the NPRA.

☐ Financial Hardship: I am unable to pay the estimated fees due to financial hardship.

☐ Electronic Copies / Minimal Cost: I am requesting electronic copies via email, which impose minimal or no actual cost on the governmental entity.

☐ Personal Device Copying: I am willing to inspect the records in person and use my own personal device to copy or photograph them. Under NRS 239.052(1)(d), no fee may be charged for a requester's use of a personal device.

Supporting Information

[________________________________]
[________________________________]
[________________________________]

Thank you for your consideration.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

12. DOCUMENTATION CHECKLIST {#12-checklist}

12.1 Before Submitting a Request

☐ Identified the governmental entity that holds the requested records
☐ Determined the designated records official and contact information (NRS 239.055)
☐ Checked if the governmental entity has an online records request portal or required form
☐ Drafted a precise description of the records sought
☐ Specified the date range for the records
☐ Specified the preferred format (paper, electronic, inspection)
☐ Determined the maximum fee you are willing to pay
☐ Prepared a fee waiver request if applicable
☐ Made a copy of the complete request for your files
☐ Selected a delivery method that creates proof of receipt (email with confirmation, certified mail, hand delivery with receipt)

12.2 After Submitting a Request

☐ Confirmed receipt by the governmental entity
☐ Calculated the 5-business-day response deadline and noted it on your calendar
☐ Received an acknowledgment from the records official
☐ Received a fee estimate (if applicable)
☐ Approved the fee estimate or negotiated
☐ Paid any required advance deposit
☐ Received responsive records within the statutory deadline
☐ Reviewed records for completeness
☐ Verified that redactions cite a specific statutory authority (NRS 239.0107(1)(d))
☐ Determined whether the response is adequate or requires further action

12.3 If Filing a Court Action

☐ Assessed the legal basis for the denial
☐ Considered sending a pre-litigation demand letter
☐ Gathered all documentation (original request, response, follow-up correspondence)
☐ Identified the appropriate district court
☐ Retained or consulted with a qualified attorney
☐ Prepared and filed the application for court order under NRS 239.011
☐ Served all necessary parties
☐ Calendared hearing dates and deadlines
☐ Preserved all evidence and correspondence
☐ Noted that the case should receive priority scheduling (NRS 239.011(1))

12.4 Ongoing Records Management

☐ Maintained a chronological log of all requests, responses, and actions
☐ Preserved all correspondence and documentation
☐ Backed up electronic records received
☐ Noted the governmental entity's records official for future requests
☐ Documented any patterns of non-compliance

13. KEY DIFFERENCES FROM FEDERAL FOIA {#13-federal-differences}

14. STATE-SPECIFIC NOTES {#14-state-notes}

14.1 No Search or Staff Time Fees

One of Nevada's most requester-friendly provisions is NRS 239.052, which expressly prohibits governmental entities from charging fees for searching, retrieving, reviewing, or compiling records. Fees may only cover the actual cost of making copies. This is a stronger protection than exists under the federal FOIA or many other state public records laws.

14.2 Personal Device Copying

Under NRS 239.052(1)(d), a governmental entity may not charge a fee for a requester's use of a personal device (such as a smartphone camera) to copy or photograph public records during an in-person inspection. This allows requesters to obtain copies at zero cost.

14.3 "Governmental Entity" — Broad Definition

Nevada's definition of "governmental entity" is broader than many states. It includes not only traditional government agencies but also quasi-governmental bodies, university foundations, and other entities that perform governmental functions or receive public funds. This broad definition extends the reach of the NPRA.

14.4 Confidentiality by Statute Only

Unlike many states that have broad discretionary exemptions (such as "invasion of privacy" balancing tests), Nevada follows a "confidentiality by statute" approach. A record is confidential only if a specific statute declares it to be so. This eliminates much of the discretion that agencies in other states exercise when withholding records.

14.5 Category C Felony for Record Destruction

The criminal penalties for destroying or falsifying public records are among the most severe in the nation. A category C felony carries 1 to 5 years in prison and a fine of up to $10,000 under NRS 239.300. This is a powerful deterrent against improper destruction of records.

14.6 Priority Court Scheduling

NRS 239.011 requires courts to give public records cases priority over other civil matters. This is designed to ensure that disputes over public records are resolved quickly, consistent with the purpose of the NPRA.

14.7 Records Held for 30+ Years

NRS 239.0115 creates a rebuttable presumption that records in government custody for 30 or more years are public records. The governmental entity must overcome this presumption with specific evidence that a confidentiality provision still applies.

14.8 Gaming Industry Records

Nevada's gaming industry generates unique records issues. Many records of the Nevada Gaming Control Board and the Nevada Gaming Commission are confidential under NRS Chapter 463. Requesters seeking gaming-related records should carefully review the specific confidentiality provisions applicable to the particular type of record.

14.9 Legislative Records

Records of the Nevada Legislature are subject to the NPRA, though certain records (such as internal working papers and draft legislation) may be subject to legislative privilege. Requests for legislative records should be directed to the Legislative Counsel Bureau.

14.10 Key Case Law

• Donrey of Nevada v. Bradshaw (106 Nev. 630, 1990): Established the broad scope of the NPRA and the presumption of openness.
• Nevada Policy Research Institute v. Clark County (2015): Addressed the prohibition on staff time fees.
• Gibbons v. State (97 Nev. 520, 1981): Established that the purpose of the NPRA is to ensure government transparency.
• DR Partners v. Board of County Commissioners (116 Nev. 616, 2000): Clarified the scope of "public records" under the NPRA.

15. SOURCES AND REFERENCES {#15-sources}

15.1 Statutory Authority

• NRS Chapter 239 — Public Records: https://www.leg.state.nv.us/NRS/NRS-239.html
• NRS 239.001 — Legislative Findings and Declaration
• NRS 239.005 — Definitions
• NRS 239.010 — Public Books and Records Open to Inspection
• NRS 239.0107 — Requests for Inspection or Copying
• NRS 239.011 — Application to Court for Order Compelling Disclosure
• NRS 239.0113 — Burden of Proof
• NRS 239.0115 — Records in Custody for at Least 30 Years
• NRS 239.052 — Fees: Limitations; Waiver
• NRS 239.055 — Designation of Records Official
• NRS 239.300 — Penalties

15.2 Government Resources

• Nevada State Legislature — NRS Chapter 239: https://www.leg.state.nv.us/NRS/NRS-239.html
• Nevada State Library, Archives and Public Records — NPRA Resources: https://nsla.nv.gov/public-records/nevada-public-records-act-resources
• Nevada Secretary of State — Public Records Requests: https://www.nvsos.gov/sos-information/public-records-requests
• Nevada Attorney General — Public Records Act Overview: https://ag.nv.gov/

15.3 Research Guides

• Reporters Committee for Freedom of the Press — Nevada Open Government Guide: https://www.rcfp.org/open-government-guide/nevada/
• MuckRock — Nevada Public Records Guide: https://www.muckrock.com/place/united-states-of-america/nevada/
• Nevada State Library — A Manual for State Agencies (2019): https://bop.nv.gov/uploadedFiles/bopnvgov/content/Services/Nevada%20Public%20Records%20Act%20-%20A%20Manual%20for%20State%20Agencies%202019.pdf

15.4 Statute Text

• Justia — NRS Chapter 239 (2024): https://law.justia.com/codes/nevada/chapter-239/
• Justia — NRS 239.0107 (2024): https://law.justia.com/codes/nevada/chapter-239/statute-239-0107/
• Justia — NRS 239.052 (2022): https://law.justia.com/codes/nevada/2022/chapter-239/statute-239-052/
• Nevada.Public.Law — NRS Chapter 239: https://nevada.public.law/statutes/nrs_chapter_239

This template is provided for informational purposes only and does not constitute legal advice. Nevada's Public Records Act and its interpretation by courts may change over time. Always consult with a qualified attorney licensed in Nevada for advice on specific legal situations. This template was last updated on 2026-02-24.