SOUTH CAROLINA FREEDOM OF INFORMATION ACT REQUEST

(Comprehensive Template - S.C. Code § 30-4-10 et seq.)

IMPORTANT NOTICE: South Carolina's Freedom of Information Act ("SC FOIA"), S.C. Code § 30-4-10 et seq., declares that it is the public policy of the State of South Carolina that the people insist on remaining informed about public business so that they may retain control over the instruments of government created by them. SC FOIA mandates a ten (10) business day response for most requests, fifteen (15) business days for requests requiring "extensive" effort, and up to twenty (20) days for records more than twenty-four (24) months old. The Act provides for injunctive relief, civil fines of $500 for arbitrary and capricious violations, and attorney fees for prevailing requesters. South Carolina citizens may bring suit in circuit court to enforce these rights.

TABLE OF CONTENTS

1. Request Letter Template
2. Definitions
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. REQUEST LETTER TEMPLATE

South Carolina Freedom of Information Act Request
Date: [__/__/____]

To:
[________________________________]
(FOIA Officer / Custodian of Records)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Carolina ZIP Code)
Telephone: [________________________________]
E-Mail: [________________________________]

From:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Title and Organization, if applicable)
[________________________________]
(Street Address)
[________________________________]
(City, State ZIP Code)
Telephone: [________________________________]
E-Mail: [________________________________]

Re: Freedom of Information Act Request Pursuant to S.C. Code § 30-4-10 et seq.

Dear FOIA Officer:

Pursuant to the South Carolina Freedom of Information Act, S.C. Code § 30-4-10 et seq., I hereby request access to inspect and/or obtain copies of the following public records maintained by your agency. This request is submitted in accordance with S.C. Code § 30-4-30, which provides that any person has a right to inspect or copy any public record of a public body, and S.C. Code § 30-4-20, which declares a public policy of open and transparent government.

I am a citizen of the State of South Carolina [or: I am requesting records on behalf of ________________________________, a citizen of the State of South Carolina].

Records Requested

I request the following records:

1. [________________________________]
   (Provide detailed description of first category of records sought)

2. [________________________________]
   (Provide detailed description of second category of records sought)

3. [________________________________]
   (Provide detailed description of additional categories of records sought)

Date Range: From [__/__/____] through [__/__/____]

Keywords/Search Terms: [________________________________]

Format of Production

Pursuant to S.C. Code § 30-4-30, I request that responsive records be provided in the following format:

☐ Electronic copies in native format (preferred; no copy charges for electronic delivery per § 30-4-30(B))
☐ Electronic copies in PDF format
☐ Paper copies
☐ Inspection at agency offices
☐ Other: [________________________________]

Please provide records via: [________________________________]
(E-mail address, mailing address, or other delivery method)

Fee Provisions

I am willing to pay reasonable fees as permitted under S.C. Code § 30-4-30(B). However, I request that you notify me in advance if estimated fees will exceed $[____]. If fees are anticipated to exceed that amount, please provide an itemized written estimate and your published fee schedule before proceeding.

☐ I am requesting a fee waiver (see Section 11 below for justification)
☐ I am requesting a fee reduction based on public interest

Response Deadline

Under S.C. Code § 30-4-30(C), your agency must notify me of its determination within ten (10) business days of receipt of this request (excluding Saturdays, Sundays, and legal public holidays). If the requested records are more than twenty-four (24) months old, the response deadline is twenty (20) business days.

Exemption Citations

If any records are withheld in whole or in part, please cite the specific statutory exemption(s) relied upon pursuant to S.C. Code § 30-4-40, and release all reasonably segregable, non-exempt portions of responsive records.

Preservation Notice

I request that your agency take all reasonable steps to preserve any records responsive to this request, including any records that may be subject to routine destruction schedules, pending the complete resolution of this request and any appeal.

I appreciate your prompt attention to this matter. Please feel free to contact me at the information above if you have any questions or need clarification regarding this request.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Date: [__/__/____]

2. DEFINITIONS

For purposes of this template and South Carolina FOIA practice:

"Public body" means any department of the State, any state board, commission, agency, and authority, any public or governmental body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including combimed utility systems. (S.C. Code § 30-4-20(a))

"Public record" includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, scholastic records, adoption records, and records sealed by order of court shall not be deemed public records. (S.C. Code § 30-4-20(c))

"Person" includes any individual, corporation, partnership, firm, organization, or association. (S.C. Code § 30-4-20(d))

"Public funds" means funds which are derived from the State and any of its political subdivisions. (S.C. Code § 30-4-15)

"Business day" means any day other than Saturday, Sunday, or a legal public holiday as defined by South Carolina law.

"Extensive" as used in the context of response timelines refers to requests that require an unusually lengthy or burdensome search, compilation, or redaction effort, justifying an extended response period under S.C. Code § 30-4-30(C).

3. RECORDS DESCRIPTION GUIDANCE

When drafting your SC FOIA request, specificity is critical to obtaining a timely and complete response. Consider the following:

Sample Records Descriptions

Example 1 - Emails:
"All emails sent or received by [Name/Title of Official] between [__/__/____] and [__/__/____] that contain the following keywords: [________________________________]. Include all attachments."

Example 2 - Contracts:
"All contracts, agreements, memoranda of understanding, and amendments thereto entered into by [Agency Name] with [Contractor/Vendor Name] from [__/__/____] to the present, including all bid documents, proposals, evaluation materials, and performance reports."

Example 3 - Inspection/Investigation Reports:
"All inspection reports, investigation files, compliance reports, enforcement actions, and related correspondence pertaining to [Subject/Location/Entity] from [__/__/____] to the present."

Example 4 - Meeting Records:
"All agendas, minutes, audio/video recordings, and supporting materials for meetings of [Board/Commission/Committee Name] held between [__/__/____] and [__/__/____], including any minutes from executive sessions that have been unsealed."

Example 5 - Financial Records:
"All budgets, expenditure reports, purchase orders, invoices, receipts, and financial audit reports for [Department/Program Name] for fiscal years [____] through [____]."

Example 6 - Personnel Records:
"Records reflecting the name, title, gross salary, date of hire, and job description for all employees in [Department Name]. Note: Pursuant to S.C. Code § 30-4-50(A)(5), the names, titles, and compensation of public employees are public information and not exempt from disclosure."

Example 7 - Police Records:
"All incident reports, arrest records, and booking records for incidents occurring at [Location] between [__/__/____] and [__/__/____]. Pursuant to S.C. Code § 30-4-50(A)(2), incident reports are public information."

Tips for Effective Requests

• Be as specific as possible regarding the records sought, including dates, names, and subjects
• If requesting records more than 24 months old, be aware of the extended 20-business-day deadline
• Reference S.C. Code § 30-4-50 for records that are expressly declared to be public information
• Request electronic delivery to avoid copy charges (S.C. Code § 30-4-30(B))
• Set a fee cap and request a fee estimate before work begins
• If you know the agency's organizational structure, specify the department or division

4. FEE PROVISIONS

Statutory Authority (S.C. Code § 30-4-30(B))

SC FOIA permits public bodies to charge fees, but imposes important limitations:

Fee Categories

Search, Retrieval, and Redaction Fees:
- A public body may establish and collect reasonable fees not to exceed the actual cost of the search, retrieval, and redaction of records (S.C. Code § 30-4-30(B))
- The fee shall not exceed the prorated hourly salary of the lowest paid employee who, in the reasonable discretion of the custodian, has the necessary skill and training to fulfill the request
- No fee may be charged for examination and review to determine if documents are subject to disclosure

Copying Fees:
- Fees must be uniform for copies of the same record or document
- Fees may not exceed the prevailing commercial rate for producing copies
- The prevailing rate is generally approximately $0.10 per page for standard copies
- No copy charges for electronic delivery: Copy charges may not apply to records transmitted in an electronic format (S.C. Code § 30-4-30(B))

Fee Schedule Requirement:
- Each public body shall develop a fee schedule to be posted online (S.C. Code § 30-4-30(B))
- The fee schedule must be publicly available before fees are collected

Deposit Requirement

• A public body may require a deposit not to exceed 25% of the total estimated fee before beginning to search for or compile the requested records
• If a deposit is required, the record must be furnished or made available:
• Within thirty (30) calendar days from the date the deposit is received, OR
• Within thirty-five (35) calendar days if records are more than 24 months old (S.C. Code § 30-4-30(C))

Prohibited Fees

• No fee may be charged for examination and review to determine if documents are subject to disclosure
• No fee may be charged for routine inspection of records at the public body's office during normal business hours
• Copy charges do not apply to records transmitted electronically

Fee Estimate Requests

Before incurring significant costs:
1. Request an itemized fee estimate from the public body
2. Ask for a copy of the agency's published fee schedule
3. Set a maximum fee amount in the request letter
4. Consider narrowing the request to reduce costs
5. Request electronic delivery to avoid copy charges

5. RESPONSE TIMELINE

Standard Response (S.C. Code § 30-4-30(C))

A public body must notify the requesting person of its determination (whether to grant or deny the request) within:

• Ten (10) business days of receipt of the request (excluding Saturdays, Sundays, and legal public holidays)
• If the request is for records more than twenty-four (24) months old, the deadline is twenty (20) business days

Extended Response for Extensive Requests

For requests that the public body determines require an "extensive" effort:

• The public body has up to fifteen (15) business days to respond if the request requires extensive search, retrieval, or redaction
• The public body must notify the requester of the need for additional time within the initial 10-day period

Production After Deposit

If the public body requires a deposit:

• Records must be furnished within thirty (30) calendar days from receipt of the deposit
• For records more than 24 months old: thirty-five (35) calendar days from receipt of the deposit

Notification of Denial

If the public body denies the request (in whole or in part), the determination must:
- Be in writing
- State the specific reasons for the denial
- Cite the applicable statutory exemption(s) under S.C. Code § 30-4-40
- Inform the requester of their right to seek judicial review

Notification of Public Availability (S.C. Code § 30-4-30(D))

If records responsive to the request are available on the public body's website or another publicly accessible location, the public body must so notify the requester and provide the location or web address.

Constructive Denial

If a public body fails to respond within the applicable deadline, or fails to provide a determination on the request, the failure may be treated as a constructive denial, entitling the requester to pursue judicial remedies under S.C. Code § 30-4-100.

Timeline Summary

6. EXEMPTIONS OVERVIEW

SC FOIA exemptions are set forth primarily in S.C. Code § 30-4-40. The Act provides that a public body may (but is not required to) exempt from disclosure the following categories of records:

Law Enforcement and Investigation

1. Pending investigation records (§ 30-4-40(a)(1)) - Records relating to proposed locations of law enforcement operations; any documents, evidence, or records compiled for the purpose of proving or disproving a violation of law; and records of any pending investigation or prosecution that are specifically compiled in response to a complaint
2. Confidential informant identity (§ 30-4-40(a)(2)) - Records whose disclosure would reveal the identity of a confidential informant
3. Law enforcement techniques (§ 30-4-40(a)(3)) - Records that would endanger the life or physical safety of any person or disclose investigative techniques not generally known to the public

Personal Privacy

4. Unreasonable invasion of privacy (§ 30-4-40(a)(4)) - Personal information for which disclosure would constitute an unreasonable invasion of personal privacy
5. Medical records - Medical, psychological, counseling, and treatment records
6. Income tax returns (§ 30-4-40(a)(5)) - State and federal income tax returns and related financial information
7. Social Security numbers - Records containing Social Security numbers

Attorney-Client and Litigation

8. Attorney-client communications (§ 30-4-40(a)(6)) - Memoranda, correspondence, and documents relating to attorney-client communications, and any material reflecting the mental impressions, conclusions, opinions, or legal theories of the attorney
9. Litigation strategy - Work product prepared in anticipation of litigation

Business and Financial

10. Trade secrets (§ 30-4-40(a)(7)) - Trade secrets, processes, patents, financial data, and commercial, business, or technical information obtained from any person, firm, or corporation which is of a privileged or confidential nature
11. Bank examination records (§ 30-4-40(a)(8)) - Records of bank examinations and similar financial institution oversight
12. Economic development records (§ 30-4-40(a)(9)) - Records in the possession of persons employed by a public body to attract business or industry to invest in South Carolina

Government Operations

13. Employment search records (§ 30-4-40(a)(10)) - Materials gathered by a public body during a search to fill an employment position, except those materials relating to the final three applicants under consideration
14. Sealed bid documents (§ 30-4-40(a)(11)) - Sealed bids or proposals received by a public body prior to the date and time scheduled for opening
15. Library patron records (§ 30-4-40(a)(12)) - Records of library patrons' use of library materials
16. Scholastic records - Student records maintained by educational institutions
17. Adoption records - Sealed adoption records
18. Records sealed by court order - Any records sealed by order of a court

Security and Infrastructure

19. Security plans (§ 30-4-40(a)(13)) - Plans, vulnerability assessments, and emergency response plans whose disclosure could reasonably be expected to be detrimental to public safety
20. Computer security (§ 30-4-40(a)(14)) - Records containing information pertaining to the design, installation, or operation of security systems for public body facilities
21. Critical infrastructure information - Information about the security of critical infrastructure and key resources

Other Exemptions

22. Internal memoranda (§ 30-4-40(a)(15)) - Inter-agency or intra-agency memoranda or letters which would not be available by law to a party in litigation with the agency
23. Preliminary draft documents - Preliminary drafts and notes composed and maintained for personal use
24. Genetic information - Records containing genetic testing information
25. Victim identity information - Records that identify victims of certain crimes

Records Expressly Declared Public (S.C. Code § 30-4-50)

Notwithstanding the above exemptions, the following records are expressly declared to be public information:

• Written incident reports (§ 30-4-50(A)(2)) including date, time, location, and nature of the incident
• Public employee names, titles, and salaries (§ 30-4-50(A)(5))
• Final opinions and orders (§ 30-4-50(A)(1)) made in the adjudication of cases
• Administrative staff manuals (§ 30-4-50(A)(3)) and instructions to staff
• Planning and zoning records (§ 30-4-50(A)(4))
• Arrest information (§ 30-4-50(A)(2)(a)) including the name, sex, race, age, and address of the arrested person

Important Exemption Principles

• Discretionary, Not Mandatory: SC FOIA exemptions are permissive ("may exempt"), not mandatory. A public body retains discretion to disclose exempt records.
• Burden of Proof: The public body bears the burden of proving that an exemption applies.
• Segregability: If a record contains both exempt and non-exempt material, the non-exempt portions must be disclosed.
• Narrow Construction: Exemptions should be narrowly construed in favor of disclosure, consistent with the Act's public policy declaration.

7. APPEAL PROCEDURES

South Carolina does not have a formal administrative appeal process within the agency. Instead, the primary remedy for denial of a FOIA request is judicial review:

Judicial Review (S.C. Code § 30-4-100)

Who May Sue:
- A citizen of the State of South Carolina may apply to the circuit court for relief
- The term "citizen" has been interpreted broadly

Filing Requirements:
- The application must be filed no later than one (1) year after the date of the alleged violation
- For violations involving a public vote: one year after the public vote in public session, whichever comes later

Venue:
- The appropriate circuit court of the county in which the public body is located

Court Procedures:
- Upon filing, the court must schedule an initial hearing within ten (10) days of service on all parties
- If the court cannot make a final ruling at the initial hearing, it must establish a scheduling order to conclude the action within six (6) months of filing
- The court may review records in camera (privately)
- The court conducts a de novo review (no deference to the agency)
- The burden of proof is on the public body to justify withholding

Available Relief:
- Declaratory judgment that records must be disclosed
- Injunctive relief compelling disclosure
- Civil fines (see Enforcement Mechanisms below)
- Attorney fees and costs to prevailing requesters

Informal Dispute Resolution

Before filing suit, a requester may consider:

1. Direct negotiation with the FOIA officer or agency head to narrow or clarify the request
2. Written appeal to agency head (though not formally required by statute)
3. Contact the South Carolina Attorney General's FOIA division for informal guidance (the AG publishes FOIA opinions and guidance)
4. Contact the South Carolina Press Association or other advocacy organizations for assistance

South Carolina Attorney General's Role

While the AG does not have formal adjudicatory authority over FOIA disputes (unlike some states), the AG:
- Publishes advisory opinions on FOIA questions
- Provides training and guidance to public bodies
- May intervene in court cases involving significant FOIA issues
- Publishes the SC FOIA Guide

8. APPEAL LETTER TEMPLATE

8A. Pre-Litigation Demand Letter

Date: [__/__/____]

[________________________________]
(Head of Agency / FOIA Officer)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Carolina ZIP Code)

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Re: Demand for Compliance with South Carolina Freedom of Information Act
FOIA Request Dated: [__/__/____]
Denial/Non-Response Dated: [__/__/____]

Dear [________________________________]:

I write regarding my Freedom of Information Act request dated [__/__/____], which was [denied in whole / denied in part / not responded to within the statutory deadline] by your agency.

Background:

On [__/__/____], I submitted a request under S.C. Code § 30-4-10 et seq. for the following records:

[________________________________]
(Describe the records requested)

On [__/__/____], your agency [denied my request, citing the following exemption(s) / failed to respond within the statutory deadline]:

[________________________________]
(State the exemption(s) cited or describe the non-response)

Legal Analysis:

I respectfully submit that the denial/non-response is improper for the following reasons:

1. [________________________________]
   (Explain why the exemption does not apply or was improperly invoked)

2. [________________________________]
   (Provide additional legal arguments)

3. Even if certain portions of the requested records may be exempt, the non-exempt portions must be disclosed. (S.C. Code § 30-4-40 - segregability principle)

4. The following records are expressly declared to be public information under S.C. Code § 30-4-50 and cannot be withheld:
   [________________________________]

Demand for Compliance:

I demand that your agency:

1. Produce all responsive, non-exempt records within [____] business days;
2. Provide a Vaughn index identifying each withheld record and the specific exemption relied upon;
3. Waive all fees that were improperly assessed; and
4. Confirm compliance in writing.

Notice of Intent to File Suit:

If I do not receive a satisfactory response within [____] business days, I intend to file a civil action in circuit court pursuant to S.C. Code § 30-4-100, seeking:
- Injunctive relief compelling disclosure of the requested records;
- Civil fines of $500 for arbitrary and capricious violation;
- Reasonable attorney fees and costs; and
- All other relief the court deems appropriate.

This letter is sent without prejudice to any rights or remedies available to me under the SC Freedom of Information Act.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
[________________________________]
(Address)
[________________________________]
(Telephone and Email)

Enclosures:
- Copy of original FOIA request dated [__/__/____]
- Copy of agency denial/response dated [__/__/____]
- Any relevant correspondence

8B. Circuit Court Petition (Outline)

IN THE COURT OF COMMON PLEAS
FOR [________________________________] COUNTY, SOUTH CAROLINA

[________________________________], )
Plaintiff, )
) Civil Action No. ________________
v. )
)
[________________________________], )
Defendant. )

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
UNDER S.C. CODE § 30-4-100

[Note: This is an outline only. The actual complaint must be prepared by a licensed South Carolina attorney.]

1. Jurisdiction and venue
2. Parties (plaintiff as citizen of South Carolina; defendant as public body)
3. Statement of facts (the FOIA request, the denial, any appeal efforts)
4. Cause of action under S.C. Code § 30-4-100
5. Prayer for relief (disclosure order, attorney fees, civil fines, costs)
6. Request for expedited hearing (initial hearing within 10 days per § 30-4-100)

9. ENFORCEMENT MECHANISMS

Civil Fines (S.C. Code § 30-4-100)

• If the court finds that a public body has arbitrarily and capriciously violated SC FOIA by refusal or delay in disclosing or providing copies of a public record, the court may impose a civil fine of $500 per violation
• This fine is in addition to actual or compensatory damages or equitable relief

Attorney Fees and Costs (S.C. Code § 30-4-100)

• If the requester prevails in part, the court may award reasonable attorney fees and other costs of litigation specific to the request, or an appropriate portion thereof
• Important limitation: If the court determines that records are NOT subject to disclosure, this constitutes a finding of good faith on the part of the public body, which acts as a complete bar against attorney fees if the court's determination is later reversed on appeal
• Attorney fees serve as a significant incentive for public bodies to comply with FOIA

Criminal Penalties (S.C. Code § 30-4-110)

• Any member of a public body who knowingly violates the provisions of SC FOIA is guilty of a misdemeanor
• Upon conviction, the penalty is a fine of not more than $100 or imprisonment of not more than 30 days for the first offense
• For a second or subsequent offense: fine of not more than $200 or imprisonment of not more than one year

Injunctive Relief

• The circuit court may issue declaratory judgments and injunctive relief compelling disclosure
• Upon filing of a lawsuit, the court must schedule an initial hearing within ten (10) days of service
• If no final ruling at the initial hearing, the court must establish a scheduling order to conclude within six (6) months
• This expedited timeline reflects the Legislature's intent that FOIA disputes be resolved quickly

Compensatory Damages

• In addition to injunctive relief and civil fines, the court may award actual or compensatory damages to the requester
• Damages may include costs incurred due to the denial, economic harm, and other measurable losses

Contempt of Court

• If a public body fails to comply with a court order to disclose records, the court may hold the body in contempt
• Contempt sanctions may include additional fines and other penalties

10. FOLLOW-UP LETTER TEMPLATE

Date: [__/__/____]

[________________________________]
(FOIA Officer / Custodian of Records)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Carolina ZIP Code)

Re: Follow-Up to FOIA Request Dated [__/__/____]
Original Request Reference: [________________________________]

Dear [________________________________]:

I am writing to follow up on my Freedom of Information Act request submitted on [__/__/____], for which [I have / I have not] received a response.

☐ More than ten (10) business days have elapsed since my request was received, and I have not received a determination as required by S.C. Code § 30-4-30(C).

☐ More than fifteen (15) business days have elapsed since my request for extensive records was received, and I have not received a determination.

☐ More than twenty (20) business days have elapsed since my request for records more than 24 months old was received, and I have not received a determination.

☐ I submitted a deposit of $[____] on [__/__/____], and more than thirty (30) calendar days have elapsed without production of records.

☐ I have received a partial response, but the following records remain outstanding:
[________________________________]

☐ The agency has assessed fees that I believe exceed the actual cost of search, retrieval, and redaction, or that are not consistent with the agency's published fee schedule.

I respectfully request that you:

1. Provide an immediate status update on the processing of my request;
2. Provide a firm date by which all responsive records will be produced;
3. Identify any records being withheld and the specific exemptions relied upon; and
4. Contact me at the information below to discuss any issues with the request.

Please be advised that if I do not receive a satisfactory response within [____] business days, I intend to pursue the judicial remedies available under S.C. Code § 30-4-100, including filing a civil action in circuit court seeking injunctive relief, a civil fine of $500 for arbitrary and capricious violation, reasonable attorney fees, and all other appropriate relief.

Please also note that S.C. Code § 30-4-110 makes it a misdemeanor for any member of a public body to knowingly violate the provisions of SC FOIA.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Telephone: [________________________________]
E-Mail: [________________________________]
Date: [__/__/____]

11. FEE WAIVER REQUEST TEMPLATE

Date: [__/__/____]

[________________________________]
(FOIA Officer / Custodian of Records)
[________________________________]
(Public Body / Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Carolina ZIP Code)

Re: Request for Fee Waiver/Reduction - FOIA Request Dated [__/__/____]

Dear [________________________________]:

I respectfully request a waiver or substantial reduction of all fees associated with my Freedom of Information Act request dated [__/__/____].

Statutory Basis

While SC FOIA does not contain an express fee waiver provision comparable to federal FOIA, S.C. Code § 30-4-30(B) limits fees to the "actual cost" of search, retrieval, and redaction, and prohibits fees for examination and review. Additionally, copy charges do not apply to records transmitted electronically. I request a waiver or reduction of the remaining fees based on the following considerations:

Public Interest Justification

1. Public Benefit:
The requested records will primarily benefit the general public because:
[________________________________]
(Explain how the records will benefit the public)

2. Not Primarily Commercial:
The records are not being sought primarily for commercial purposes because:
[________________________________]
(Explain the non-commercial nature of the request)

3. Contribution to Public Understanding:
Disclosure of these records will contribute significantly to public understanding of government operations, consistent with the legislative purpose of SC FOIA (S.C. Code § 30-4-15), because:
[________________________________]
(Explain the public interest in the specific records)

4. Requester's Capacity:
☐ I am a representative of the news media
☐ I am a researcher affiliated with an educational institution
☐ I am a representative of a nonprofit organization
☐ I am requesting records for personal, non-commercial use
☐ Other: [________________________________]

Electronic Delivery Request

To minimize fees, I request that all records be transmitted electronically, for which no copy charges apply under S.C. Code § 30-4-30(B).

Financial Hardship (if applicable)

☐ The estimated fees of $[____] represent a financial hardship that effectively prevents me from exercising my right to access public records under SC FOIA.

I request that you respond to this fee waiver request promptly. If this request is denied, please provide a written explanation so that I may pursue available remedies.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Telephone: [________________________________]
E-Mail: [________________________________]
Date: [__/__/____]

12. DOCUMENTATION CHECKLIST

Use this checklist to ensure completeness of your SC FOIA request:

Pre-Submission Checklist

☐ Confirmed South Carolina citizenship or standing to file FOIA request
☐ Identified the correct public body that maintains the records
☐ Identified the FOIA officer or designated records custodian
☐ Located the agency's published FOIA fee schedule (required to be posted online)
☐ Drafted a clear, specific description of records sought
☐ Included specific date ranges for requested records
☐ Noted whether requested records are more than 24 months old (affects timeline)
☐ Specified preferred format of production (electronic preferred to avoid copy charges)
☐ Included requester contact information (name, address, phone, email)
☐ Set a fee cap and/or included a fee waiver request
☐ Referenced SC FOIA (S.C. Code § 30-4-10 et seq.)
☐ Requested citation of specific exemptions for any withheld records
☐ Included a records preservation notice
☐ Made a copy of the request for your records
☐ Noted the date of submission for tracking applicable deadlines
☐ Sent the request via a method that provides proof of receipt (certified mail, email with read receipt)

Post-Submission Tracking

☐ Marked the 10 business day response deadline on calendar
☐ Marked the 15 business day deadline (if extensive request) on calendar
☐ Marked the 20 business day deadline (if records > 24 months old) on calendar
☐ Received determination within applicable deadline (S.C. Code § 30-4-30(C))
☐ If deposit required, paid deposit and marked 30/35 calendar day production deadline
☐ Reviewed any claimed exemptions for validity under S.C. Code § 30-4-40
☐ Checked whether any withheld records are expressly public under S.C. Code § 30-4-50
☐ Verified that all reasonably segregable portions were released
☐ Checked that fee charges comply with published fee schedule and actual cost standard
☐ Determined whether to accept the response or pursue judicial remedies

Litigation Preparation

☐ Confirmed the alleged violation occurred within the 1-year statute of limitations
☐ Identified the appropriate circuit court (county where public body is located)
☐ Gathered all correspondence with the public body (request, response, follow-ups)
☐ Documented all dates, deadlines, and agency contacts
☐ Assessed whether violation was "arbitrary and capricious" for $500 fine eligibility
☐ Assessed eligibility for attorney fee recovery
☐ Consulted with a licensed South Carolina attorney
☐ Prepared or obtained a pre-litigation demand letter
☐ Noted the expedited court timeline (initial hearing within 10 days of service)
☐ Noted the 6-month resolution requirement

Records Received - Review

☐ Compared records received against records requested
☐ Identified any gaps or missing records
☐ Reviewed any redactions for proper exemption citations
☐ Verified the format of production matches the request
☐ Confirmed fee charges are accurate and consistent with published fee schedule
☐ Filed and organized all received records
☐ Noted any follow-up requests needed
☐ Documented the outcome for future reference

13. KEY DIFFERENCES FROM FEDERAL FOIA

14. STATE-SPECIFIC NOTES

South Carolina-Specific Considerations

1. Citizenship Requirement
Unlike federal FOIA and many state public records laws, SC FOIA limits the right to bring a court action to "citizens of the State." However, the request itself under S.C. Code § 30-4-30(A) refers to "any person," and agencies generally respond to requests regardless of the requester's state of residence. The citizenship requirement is most relevant in the context of judicial enforcement.

2. Records Expressly Declared Public (§ 30-4-50)
SC FOIA is unusual in that it specifically identifies certain categories of records that are affirmatively declared to be public information, including incident reports, public employee names/titles/compensation, and final agency opinions. These records cannot be withheld under any exemption.

3. Final Three Applicants Rule (§ 30-4-40(a)(10))
South Carolina has a distinctive rule regarding employment search records: while materials gathered during a search to fill a position are generally exempt, materials relating to the final three applicants under consideration must be disclosed. This ensures transparency in public hiring decisions.

4. Expedited Judicial Process
SC FOIA provides one of the fastest judicial enforcement mechanisms in the country:
- Initial hearing within 10 days of service
- Scheduling order to conclude within 6 months of filing
This demonstrates the Legislature's strong commitment to timely resolution of FOIA disputes.

5. Criminal Penalties
South Carolina is one of the states that imposes criminal penalties for FOIA violations. Any member of a public body who knowingly violates FOIA commits a misdemeanor, with escalating penalties for repeat offenses.

6. No Formal Administrative Appeal
Unlike many states that require administrative appeals before court action, SC FOIA provides for direct judicial review. There is no requirement to appeal to the agency head before filing suit.

7. Good Faith Defense for Attorney Fees
If a court determines that records are not subject to disclosure, this constitutes a finding of good faith that creates a complete bar against attorney fee awards, even if the determination is later reversed on appeal. This provision protects public bodies that make reasonable, good-faith exemption determinations.

8. Electronic Records and No Copy Charges
SC FOIA expressly provides that copy charges "may not apply to records that are transmitted in an electronic format." This encourages agencies to provide electronic delivery and reduces costs for requesters.

9. Fee Schedule Posting Requirement
Public bodies must develop and post their fee schedules online. If a public body has not posted its fee schedule, it may be difficult for the body to justify fee assessments.

10. Open Meetings Act Integration
SC FOIA also governs open meetings (S.C. Code § 30-4-60 through 30-4-90). Minutes of public meetings, including executive sessions, are subject to FOIA disclosure requirements, though executive session minutes may be sealed.

15. SOURCES AND REFERENCES

Statutes

• South Carolina Freedom of Information Act: S.C. Code § 30-4-10 et seq.
• https://www.scstatehouse.gov/code/t30c004.php
• S.C. Code § 30-4-10 - Short title
• S.C. Code § 30-4-15 - Definitions
• S.C. Code § 30-4-20 - Right to inspect or copy; public policy
• S.C. Code § 30-4-30 - Right to inspect or copy; fees; notification; availability
• https://law.justia.com/codes/south-carolina/title-30/chapter-4/section-30-4-30/
• S.C. Code § 30-4-40 - Matters exempt from disclosure
• https://law.justia.com/codes/south-carolina/title-30/chapter-4/section-30-4-40/
• S.C. Code § 30-4-50 - Certain matters declared public information
• S.C. Code § 30-4-60 through 30-4-90 - Open meetings provisions
• S.C. Code § 30-4-100 - Injunctive relief; civil fines; attorney fees
• S.C. Code § 30-4-110 - Criminal penalties

Official Resources

• South Carolina Attorney General - FOIA Division: https://www.scag.gov/freedom-of-information-act-foia/
• South Carolina Statehouse - Title 30, Chapter 4: https://www.scstatehouse.gov/code/t30c004.php
• South Carolina Secretary of State - FOIA Policy: https://sos.sc.gov/about-us/secretary-states-freedom-information-act-policy-and-fee-schedule
• National Freedom of Information Coalition - South Carolina: https://www.nfoic.org/south-carolina-foia-laws/

Practice Guides

• Reporters Committee for Freedom of the Press - South Carolina Open Government Guide: https://www.rcfp.org/open-government-guide/south-carolina/
• Robinson Gray Stepp & Laffitte - Obtaining Records Under SC FOIA: https://robinsongray.com/obtaining-records-under-the-south-carolina-freedom-of-information-act/
• South Carolina Code Title 30, Chapter 4 (Justia): https://law.justia.com/codes/south-carolina/title-30/chapter-4/
• MASC - What to Know About Charging Fees for FOIA Requests: https://www.masc.sc/uptown/03-2023/what-know-about-charging-fees-foia-requests

This template is provided for informational purposes only and does not constitute legal advice. The South Carolina Freedom of Information Act is subject to legislative amendment, judicial interpretation, and administrative rulemaking. Users should verify all citations and consult with a qualified South Carolina attorney before relying on this template for any legal purpose. Last updated: 2026-02-24.