Open Records

Louisiana’s public records law is the Louisiana Public Records Act, found at La. R.S. 44:1 et seq. It requires the immediate release of a non-exempt public record upon request, except where the record isn’t available or is currently in active use.

Who can request records

The custodian must present any public record to any person who has reached the age of majority. There’s no residency requirement in general, though the records custodian for the Governor’s office specifically may require requesters to establish their identity, age, and Louisiana residency – a narrower requirement specific to that office. Requesters generally aren’t restricted in what they do with records once obtained.

What’s covered

The Act applies broadly to state and local government records, including legislative records – though records tied to legislative investigations or other confidential legislative matters may be exempt by statute or court ruling.

How to request

Louisiana law doesn’t set a single statewide submission method – many agencies accept requests in writing, in person, or through an online portal, though some require a specific form rather than email. Check the specific agency’s preferred method.

Response timeline

Louisiana requires immediate release of readily available, non-exempt records. If a record can’t be released immediately – because it’s not immediately available or is in active use – the custodian has a maximum of 3 business days to respond in writing, either providing the record or stating a specific timeline and legal basis for any delay. If the custodian has genuine doubt about whether something is a public record at all, that determination period can extend to 5 business days. Some sources cite a 5-business-day figure for general agency response – the 3-day standard from La. R.S. 44:32(D) is the more specific, authoritative figure for records that aren’t immediately available. Notably, a requester may initiate legal proceedings as soon as 5 days after submitting a request if there’s been no adequate response, and Louisiana doesn’t have a formal mechanism for agencies to request an extension beyond the statutory timeline.

Fees

– No statewide fee schedule – Louisiana doesn’t standardize fees across agencies, so amounts vary. – Common per-page rates run around $0.25/page for standard copies, more for oversized or color pages, with per-item rates for CDs, DVDs, or similar media. – No fee can be charged just to examine or review a record to determine if it’s a public record. – As of Act 247 (effective August 1, 2023), non-state-agency custodians who wish to charge fees for records production must establish a written fee schedule and post it where the public can readily access it. – Copies can be provided free or at reduced cost to indigent Louisiana citizens. – Custodians can require prepayment before producing copies, and can refuse further requests from someone with an unpaid balance from a prior request.

Exemptions

Common exemptions include pending criminal litigation materials, records related to juvenile status offenders, sexual offense victim information, security procedures, trade secrets, and certain public employee information.

If your request is denied

A requester who’s been denied access can pursue legal proceedings – as noted, this can begin as soon as 5 days after the original request if the agency hasn’t adequately responded. Courts have held that a custodian’s failure to provide required notification under La. R.S. 44:32 carries a penalty regardless of whether the underlying legal basis given was actually correct – the notification duty itself is separately enforceable.

A note on terminology

Louisiana’s law is officially the “Louisiana 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).