How to File a Public Records Request in Idaho
Idaho's Public Records Act establishes that all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, and other materials — regardless of physical form — created or maintained by any state or local government agency are presumed to be open for public inspection. The law applies to cities, counties, school districts, public utilities, and every branch of state government. Any person, regardless of residency, may request records. Idaho residents receive a response within three (3) working days; non-residents within 21 days (Idaho Code § 74-103). If an agency needs more time, it must notify the requester and provide records within 10 working days (residents) or 35 days (non-residents). The Act recognizes certain exemptions — including personnel records, active law enforcement investigations, attorney-client privileged communications, and certain deliberative materials — but the burden of justifying non-disclosure falls on the agency, not the requester.
The Idaho Public Records Act
- Statutory Citation
- Idaho Code Title 74, Chapter 1 (§§ 74-101 through 74-126)
- Response Deadline
- 3 working days
- Fee Provisions
- Agencies may charge the actual cost of copying records. For paper copies, fees typically range from $0.10 to $0.25 per page. Electronic copies provided by email are generally free. Labor costs for locating and compiling records may be charged if the request requires more than two hours of staff time. Agencies must provide a cost estimate before fulfilling a request if fees will be significant.
- Key Exemptions
- Key exemptions include: personnel records of public employees (except salary and job title), records of ongoing law enforcement investigations, attorney-client privileged communications, trade secrets and proprietary business information submitted to agencies, juvenile records, adoption records, and certain deliberative or pre-decisional materials.
- Appeal Process
- If a request is denied, the requester may appeal to the head of the agency. If the agency head upholds the denial, the requester may file a petition in district court to compel disclosure. Under Idaho Code § 74-116, the court shall award reasonable attorney's fees and court costs to the prevailing party if it finds the request or refusal was frivolously pursued. The Idaho Attorney General's office can also review public records disputes and issue advisory opinions.
- Ombudsman
- Idaho does not have a dedicated public records ombudsman. Disputes are handled through the agency appeal process and the court system. The Idaho Attorney General's office provides guidance on public records law.
City FOIA Guides in Idaho
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Idaho?
If you're dealing with missing records or unresponsive agencies in Idaho, Project Paper Trail can help you follow the paper trail on development approvals.
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