Oklahoma § 51-24A.40 - Public Access Counselor Unit — Review of denials to

§ 51-24A.40. Public Access Counselor Unit — Review of denials to

access public records.

A. There is hereby established in the Office of the Attorney

General the Public Access Counselor Unit.

B. A person whose request to inspect or copy a public record is

denied by a public body, except the Legislature and committees,

commissions, and agencies thereof, may file a request for review

with the Public Access Counselor not later than thirty (30) calendar

days after the date of the denial. The request for review shall be

in writing on a form prescribed by the Attorney General and signed

by the requester, and shall include:

1. A copy of the request for access to records; and

2. Any responses from the public body.

C. A person whose request to inspect or copy a public record

was treated by the public body as a request for a commercial purpose

may file a request for review with the Public Access Counselor for

the limited purpose of reviewing whether the public body properly

determined that the request was made for a commercial purpose.

D. A person whose request to inspect or copy a public record

has not been returned in a prompt or reasonable manner may file a

request for review with the Public Access Counselor.

E. No person whose request to inspect or copy a public record

is made for a commercial purpose may file a request for review with

the Public Access Counselor.

F. Upon receipt of a request for review, the Public Access

Counselor shall determine whether further action is warranted. If

the Public Access Counselor determines that the alleged violation is

unfounded, they shall advise the requester and the public body and

no further action shall be undertaken. In all other cases, the

Public Access Counselor shall forward a copy of the request for

review to the public body within seven (7) business days after

receipt and shall specify the records or other documents that the

public body shall furnish to facilitate the review. Within seven

(7) business days after receipt of the request for review, the

Oklahoma Statutes - Title 51. Officers

public body shall fully cooperate and provide a written response to

the Public Access Counselor. To the extent that records or

documents produced by a public body contain information claimed to

be confidential or exempt from disclosure under the Oklahoma Open

Records Act, the Public Access Counselor shall not further disclose

that information.

G. 1. The Attorney General shall examine the request and

response and shall issue to the public body or public official, or

both, an advisement in response to the request for review within

sixty (60) calendar days after its receipt. Additionally, the

Attorney General shall notify the requester when the office has

completed its review.

2. Upon receipt of an advisement, the public body shall either

take necessary action promptly and reasonably to comply with the

Oklahoma Open Records Act or shall respond to the requester. If the

advisement concludes that no additional response is required, the

requester may file suit in the proper district court against the

public body of which the request was made.

3. A public body that discloses records in accordance with

advice of the Attorney General is immune from all liabilities by

reason thereof and shall not be liable for penalties under this act.

H. If the requester files suit under Section 24A.17 of Title 51

of the Oklahoma Statutes with respect to the same denial that is the

subject of a pending request for review, the requester shall notify

the Public Access Counselor, and the Public Access Counselor shall

take no further action with respect to the request for review and

shall so notify the public body.

I. The Attorney General may issue advisory opinions to advise

public bodies regarding compliance with this act. A review may be

initiated upon receipt of a written request from the head of the

public body or its attorney, which shall contain sufficient accurate

facts from which a determination can be made. The Public Access

Counselor may request additional information from the public body in

order to assist in the review. A public body that relies in good

faith on the advice of the Attorney General in responding to a

request is not liable for penalties under this act if the facts upon

which the advice is based have been fully and fairly disclosed to

the Public Access Counselor.

J. If the Public Access Counselor finds that a person

requesting review of an agency's action pursuant to subsections B,

C, or D of this section has submitted multiple frivolous requests,

the Public Access Counselor may deny future requests for review.

K. Notwithstanding any other provisions of law, the Attorney

General shall not be required to produce pursuant to Section 24A.5

of Title 51 of the Oklahoma Statutes, the following:

1. Any records provided under this section to the Office of the

Attorney General by another public body;

Oklahoma Statutes - Title 51. Officers

2. Any correspondence between the Office of the Attorney

General and the public body related to advice under this section; or

3. Any work papers or product of the Office of the Attorney

General in carrying out the duties required by this section.

L. Nothing in this section shall be construed to limit the

Attorney General from enforcing or taking action regarding the

Oklahoma Open Records Act.

Added by Laws 2025, c. 335, § 1, emerg. eff. May 29, 2025.