Open Records

Idaho’s public records law is the Idaho Public Records Act, found at Idaho Code § 74-101 et seq. (Title 74, Chapter 1, “Transparent and Ethical Government”). It’s a relatively young sunshine law compared to many states, and it’s notably specific in its wording – which helps requesters know exactly where they stand, but also gives agencies well-defined boundaries.

Who can request records

Any person may request records – there’s no residency requirement to make a request, though residency does affect response timelines and fee treatment (see below). Agencies generally aren’t allowed to ask why you want the records.

What’s covered

All records maintained by state and local government entities are open for public access and copying unless a specific statutory exemption applies. All branches of government are covered, including executives and legislators.

How to request

Requests must be submitted in writing – many agencies offer an online request form or accept requests by mail or email to a designated records custodian.

Response timeline

Idaho has one of the fastest response requirements in the country: agencies must grant or deny a request within 3 working days. If more time is needed, the agency must notify the requester in writing within that same 3-day window, and may extend to a maximum of 10 working days total. As of July 1, 2024, non-resident requesters can be given up to 35 days to respond – a notably longer window than the 10 days that apply to Idaho residents. If an agency fails to respond within the time allotted, the request is deemed denied, which starts a 180-day window for the requester to seek relief in court.

Fees

– No fee for the first 2 hours of labor responding to a resident’s request, or for copying the first 100 pages of paper records. – Beyond that, agencies may charge actual labor and copying costs – fee statements must be itemized, showing per-page copy costs and the hourly rates of employees involved, with no lump-sum fees allowed. – Separate (often higher) fee schedules can apply to non-residents. – Agencies may waive fees when a requester demonstrates the request significantly contributes to public understanding and isn’t primarily for the requester’s own commercial interest. – A requester can’t split one request into multiple smaller requests just to avoid fees – agencies can aggregate related requests and charge accordingly if they reasonably believe that’s happening.

Exemptions

Idaho’s exemptions are specifically enumerated in the statute rather than left to broad discretion – this specificity cuts both ways, giving requesters clarity on what’s exempt but also giving agencies clearly defined grounds to withhold particular categories of records.

If your request is denied

Idaho requires a written denial citing the specific exemption relied on. If a request is denied or deemed denied (agency doesn’t respond in time), the requester can petition the district court for relief – courts must set a response and hearing date no later than 28 calendar days after the petition is filed. Idaho’s law also provides for real accountability: an official found to be processing requests inappropriately can face a fine of up to $1,000. There’s no formal ombudsman or informal appeals process – court is the main remedy.

A note on terminology

Idaho’s law is officially the “Idaho Public Records Act” – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).