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Are oral CPRA requests permitted?

Q: I'm new to public records laws in California, and curious if you can help. What is the requirement in California for initiating that inquiry? Do I need to send a written request, or is a verbal request deemed to have the same weight?

A: Under the California Public Records Act, Government Code § 6250 et seq., an oral request for records is permitted.  Government Code section 6253(a) provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record that is no exempt from disclosure.  Government Code section 6253(b) requires the agency to provide you with a copy of any non-exempt public record (or reasonably segregable portion thereof) upon request. 

Neither imposes any requirement that the request be in writing.That being said, a written request is often a good idea, particularly if you think a request will be controversial, or if you have a history with an agency that demonstrates that they are difficult.  The written request will provide a clear record of what was requested and when.  Having that record will be invaluable if you later have a dispute with the agency, and it will prevent the agency from misrepresenting the content of your request.

 

 

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