1-27-37. Written request for disclosure of records.
If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to this section:
(1)A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request. The public record officer shall respond to the request by:
(a)Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§1-27-35 and 1-27-36;
(b)Denying the request for the record; or
(c)Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;
(2)Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;
(3)If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer's request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;
(4)If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;
(5)If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.
Source: SL 2008, ch 14, §5.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 27 - Public Records And Files
Section 1-27-1 - Public records open to inspection and copying.
Section 1-27-1.1 - Public records defined.
Section 1-27-1.2 - Fees for specialized service.
Section 1-27-1.4 - Denial letters to be kept on file.
Section 1-27-1.5 - Certain records not open to inspection and copying.
Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.
Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.
Section 1-27-1.10 - Redaction of certain information.
Section 1-27-1.12 - Chapter inapplicable to Unified Judicial System.
Section 1-27-1.13 - Certain records not available to inmates.
Section 1-27-1.14 - Redaction of records in office of register of deeds not required.
Section 1-27-1.15 - Immunity for good faith denial or provision of record.
Section 1-27-1.19 - Public access to records of former Governors and lieutenant governors.
Section 1-27-1.20 - Exempt records to be opened upon death or ten years after leaving office.
Section 1-27-1.22 - Agreement for transfer of records to suitable repository.
Section 1-27-3 - Records declared confidential or secret.
Section 1-27-4 - Format of open record.
Section 1-27-4.2 - Availability of contract through internet website or database.
Section 1-27-9 - Records management programs--Definition of terms.
Section 1-27-10 - Records as property of state--Damage or disposal only as authorized by law.
Section 1-27-12 - State records management program to be established.
Section 1-27-12.1 - Records management internal service fund.
Section 1-27-13 - Records management procedures proposed by state agencies.
Section 1-27-14.1 - Transfer of records by outgoing agency heads--Terminated agency records.
Section 1-27-14.2 - Transfer of jeopardized nonessential agency material to state archivist.
Section 1-27-15 - Destruction of nonrecord materials.
Section 1-27-16 - Rules, standards, and procedures.
Section 1-27-17 - Legislative and judicial records management programs.
Section 1-27-18 - Local records management programs.
Section 1-27-21 - Public document or record defined--Public meeting.
Section 1-27-22 - Application of English as common language requirement.
Section 1-27-24 - Effect of common language requirement on state employment.
Section 1-27-25 - Common language requirements not applicable to private activities.
Section 1-27-27 - Requesting information or data from a state agency.
Section 1-27-28 - Definition of terms.
Section 1-27-29 - Disclosure of information concerning private entity restricted.
Section 1-27-30 - Confidentiality of proprietary or trade information of private entity.
Section 1-27-31 - Circumstances allowing for disclosure of information concerning private entity.
Section 1-27-32 - Disclosure of confidential information as misdemeanor.
Section 1-27-35 - Informal requests for disclosure of records--Costs of retrieval or reproduction.
Section 1-27-36 - Estimate of retrieval and reproduction cost--Waiver or reduction of fee.
Section 1-27-37 - Written request for disclosure of records.
Section 1-27-39 - Response to notice of review.
Section 1-27-40 - Findings and decision of Office of Hearing Examiners.
Section 1-27-40.1 - Time for compliance with decision or appeal.
Section 1-27-43 - Form of notice of review--Office of Hearing Examiners' notice.
Section 1-27-46 - Contracts to be displayed on searchable internet website.
Section 1-27-47 - Affordability of public access to electronic records database.
Section 1-27-48 - Documentation regarding information stored in electronic records system.