Nebraska FOIA procedures

From Ballotpedia
Jump to: navigation, search
WikiFOIA
Find your State
Sunshine Laws
Open Records laws
Open Meetings Laws
How to Make Records Requests
Sunshine Legislation
2010
Sorted by State, Year and Topic
Sunshine Litigation
Sorted by State, Year and Topic
Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption

Each state varies slightly in the procedures used to gain access to public documents. This article serves to describe specifically the steps used in Nebraska. To read the history and details of Nebraska’s sunshine laws please see Nebraska Public Records Law

How to request public records in Nebraska

Records requests are to be sent to the individual who is in custody of the records. However, the act does not require departments to designate an official public records custodian.

Purpose and use

Nebraska law does not require a statement of purpose and does not place restrictions on the use of public records.

Who may request public records?

See also: List of who can make public record requests by state

Any citizen of the state, or any person interested in the inner workings of government may request public records in Nebraska. "[A]ll citizens of this state, and all other persons interested in the examination of the public records... are hereby fully empowered and authorized to examine the same."[1]

Fees

See also: How much do public records cost?

Nebraska law only permits fees charged for the actual material cost of duplication including the medium and fees for the maintenance of equipment. Nebraska cannot charge for the labor time as it would run counter to the declared intent of the passage which states that record access shall be free of charge.[2] However, a waiver does exist for any member of the United States Department of Veterans Affairs.[3]

Response time

See also: Request response times by state

Nebraska law allows for four business days for the completion of records requests. However, it does permit extensions if the department requesting the extension submits a written statement of justification and declaration of the soonest the records can be made available to the person making the request.[4]

See also

References