2-6-1009. Written notice of denial -- civil action -- costs to prevailing party in certain actions to enforce constitutional or statutory rights. (1) A public agency that denies an information request to release information or records shall provide a written explanation for the denial.
(2) If a person who makes an information request receives a denial from a public agency and believes that the denial violates the provisions of this chapter, the person may file a complaint pursuant to the Montana Rules of Civil Procedure in district court.
(3) A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 9, of the Montana constitution or under the provisions of Title 2, chapter 6, parts 10 through 12, may be awarded costs and reasonable attorney fees.
History: En. Sec. 8, Ch. 348, L. 2015.
Structure Montana Code Annotated
Title 2. Government Structure and Administration
2-6-1004. and 2-6-1005 reserved
2-6-1006. Public information requests -- fees
2-6-1007. Special fees allowable for certain information
2-6-1010. and 2-6-1011 reserved
2-6-1012. Management of public records -- disposal and destruction
2-6-1013. Preservation of public records -- possession of public records
2-6-1014. Protection and storage of essential records
2-6-1015. and 2-6-1016 reserved
2-6-1017. Prohibition on dissemination or use of distribution lists -- exceptions -- penalties
2-6-1018. and 2-6-1019 reserved
2-6-1021. through 2-6-1029 reserved
2-6-1032. Requirements for compromise and settlement of claims against state