Alaska FOIA procedures

Alaska FOIA procedures
FOIA laws in Alaska
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Alaska as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Alaska

The Alaska Administrative Code stipulates that public records requests must be made in writing and may be submitted to the nearest office of the public agency in question. According to the code:

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2 AAC 96.305. Place to file A request for a public agency record may be filed at the nearest office of that public agency. 2 AAC 96.310. Form of request (a) Except as otherwise provided by this chapter, a request to a public agency for a public record must be in writing. Request forms may be provided by a public agency, but a request may not be denied solely because it is not on that form. If a request includes a stamped, addressed postcard, the public agency shall promptly use it to acknowledge the date of receipt of the request. (b) An oral request for records is considered a valid request under this chapter. Upon receipt of an oral request, a public agency shall inform the requester of the provisions of this section. If the request involves a variety of records, a public agency may require that the request be submitted in writing. (c) An oral request is deemed denied if not granted within five working days after the office of the public agency responsible for maintaining the requested records receives the request, excluding the request day and including the following five working days. The decision to grant or deny an oral request is within the sole discretion of the public agency. A requester's only remedy if the oral request is denied is to make a written request in accordance with (a) of this section. (d) If a requester making an oral request for public records is unable to write a request due to a physical or mental disability, the public agency shall either assist the requester in preparing a written request or treat the oral request as a written request. 2 AAC 96.315. Description of records sought (a) A requester must describe the public records sought in sufficient detail to enable the public agency to which the request is made to locate the records. The public agency shall make reasonable efforts to assist in the identification and description of records sought, and to assist the requester in formulating the request. If the records are described in general terms, the agency shall attempt to communicate with the requester in order to identify the public records requested, speed the response, and lessen the administrative burden of processing an overly broad request. These attempts may not be used as a means to discourage requests. (b) If a public agency determines that the description of the records sought by the request is not sufficient to allow the public agency to identify the requested records, that agency shall, no later than 10 working days after receipt of the request, notify the requester that the request cannot be processed until additional information is furnished. Time limits set out in this chapter do not begin to run until a sufficient description of the records is received in the office of the public agency responsible for maintaining the records.

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Purpose and use

Alaska law does not restrict the use of records. The Alaska Administrative Code explicitly denies public agencies the right to inquire about a requester's intended use. However, the agency may ask if the requester is involved in litigation with the state and, if so, require them to obtain the documents in question through court procedures and not open records requests. According to the code:

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All disclosable public records must be made available upon request and upon compliance with the requirements of AS 40.25.110 - AS 40.25.125 and this chapter. A public agency may not request a justification or explanation of need or intended use, but a public agency may inquire whether the person making the request is a party, or represents a party, involved in litigation with the state or a public agency to which the requested record is relevant. If so, the requester shall be informed to make the request in accordance with applicable court rules.

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Who may request public records?

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

Alaska law states that any member of the public may request public documents. According to Alaska Statutes Section 40.25.110,"Unless specifically provided otherwise, the public records of all public agencies are open to inspection by the public under reasonable rules during regular office hours."

Alaska is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Alaska law allows a fee to be charged to cover the cost of responding to a public records request. If a single requester asks for documents that take more than five hours of staff time to compile per month, the agency may require that personnel costs be paid by the requester. If a fee waiver is "in the public interest," fees may be reduced or eliminated completely. According to Alaska Statutes Section 40.25.110:

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(b) Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the public agency. (c) If the production of records for one requester in a calendar month exceeds five person-hours, the public agency shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the public agency may require payment in advance of the search. (d) A public agency may reduce or waive a fee when the public agency determines that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. A public agency may waive a fee of $5 or less if the fee is less than the cost to the public agency to arrange for payment. (e) Notwithstanding other provisions of this section to the contrary, the Bureau of Vital Statistics and the library archives in the Department of Education and Early Development may continue to charge the same fees that they were charging on September 25, 1990, for performing record searches, and may increase the fees as necessary to recover agency expenses on the same basis that was used by the agency immediately before September 25, 1990. Notwithstanding other provisions of this section to the contrary, the Department of Commerce, Community, and Economic Development may continue to charge the same fees that the former Department of Commerce and Economic Development was charging on July 1, 1999, for performing record searches for matters related to banking, securities, and corporations, and may increase the fees as necessary to recover agency expenses on the same basis that was used by the former Department of Commerce and Economic Development immediately before July 1, 1999. (f) Notwithstanding other provisions of this section to the contrary, the Board of Regents of the University of Alaska may establish reasonable fees for the inspection and copying of public records, including record searches. (g) Notwithstanding other provisions of this section to the contrary, the board of directors of the Alaska Railroad Corporation may establish reasonable fees for the inspection and copying of public records, including record searches. (h) Notwithstanding other provisions of this section to the contrary, the judicial branch may establish by court rule reasonable fees for the inspection and copying of public records, including record searches.

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Response time

See also: Request response times by state

In most cases, state agencies must respond to a public records request within 10 working days. The Alaska Administrative Code states the following:

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2 AAC 96.325. Response to request; time limits (a) Except as otherwise provided in this section, as soon as practicable, but not later than the 10th working day after the date the agency receives a request for public records that complies with this chapter, the public agency shall (1) furnish all requested records that are disclosable; and (2) advise the requester which of the requested records are nondisclosable, if any, and the specific legal authority and specific facts supporting nondisclosure. (b) If the public agency decides that a public record is, in fact, a request for electronic services and products, the public agency shall advise the requester of its decision within 10 working days after receipt of a request and the reasons for this decision. (c) Any time that elapses between the time a requester is sent notice that processing the request will generate chargeable fees and the time the requester makes suitable arrangement for payment of those fees under 2 AAC 96.355 and 2 AAC 96.360 is excluded from the 10-working-day period of (a) of this section, or any extension of that period. (d) A public agency may extend the basic 10-working-day period established under (a) of this section for a period not to exceed 10 additional working days by providing notice to the requester within the basic 10-working-day period. The notice must state the reasons for the extension and the date by which the office expects to be able to furnish the requested records or to issue a determination that the records are not disclosable. The notice must include a statement that the extension is not invoked for purposes of delay. The basic 10-day period may be extended only when one or more of the following circumstances exist, and then only as to those specific documents within the request as to which the circumstances apply: (1) there is a need to search for and collect the requested records from field or other offices that are separate from the office responsible for maintaining the records; (2) there is a need to search for, collect, and examine a voluminous amount of separate and distinct records sought in a single request; (3) there is a need for consultation with an officer or employee who is absent on approved leave or official business; (4) the basic response period comes during a peak workload period; or (5) there is a need to consult with legal counsel to ensure that protected interests of private or government persons or entities are not infringed. (e) If a search or copying task will, within the 10-day period and any authorized extension under (d) of this section, substantially impair the other functions of the public agency or an office responsible for maintaining the requested records, the agency head may request an additional extension from the attorney general. Upon receipt of a request for an additional extension, the attorney general shall promptly give the requester and the agency an opportunity to be heard. The attorney general shall tender a speedy decision. The attorney general may grant an extension only to the public agency in extraordinary circumstances and only for the minimum period determined by the attorney general to be required to complete the search or copying of the public records without substantial impairment of the other public agency functions. (f) A public agency shall give a written response granting or denying a written request for public records within the prescribed time limit. If a response is not received by a requester by the expiration of the time limit, the requester may consider the request denied. (g) The time limits set out in this section do not apply if the requester agrees in writing that the requested records need not be supplied until a specified date. If the requester does not agree in writing to an extension of time beyond that date, an extension beyond the specified date is governed by (d) and (e) of this section.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

The Alaska Public Records Act includes the following exemptions:

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(a) Every person has a right to inspect a public record in the state, including public records in recorders' offices, except (1) records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50; (2) records pertaining to juveniles unless disclosure is authorized by law; (3) medical and related public health records; (4) records required to be kept confidential by a federal law or regulation or by state law; (5) to the extent the records are required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal assistance; (6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings; (B) would deprive a person of a right to a fair trial or an impartial adjudication; (C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness; (D) could reasonably be expected to disclose the identity of a confidential source; (E) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions; (F) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or (G) could reasonably be expected to endanger the life or physical safety of an individual; (7) names, addresses, and other information identifying a person as a participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the advance college tuition savings program under AS 14.40.803 — 14.40.817; (8) public records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it; (9) reports submitted under AS 05.25.030 concerning certain collisions, accidents, or other casualties involving boats; (10) records or information pertaining to a plan, program, or procedures for establishing, maintaining, or restoring security in the state, or to a detailed description or evaluation of systems, facilities, or infrastructure in the state, but only to the extent that the production of the records or information (A) could reasonably be expected to interfere with the implementation or enforcement of the security plan, program, or procedures; (B) would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or (C) could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare; (11) [Repealed, § 23 ch. 7 SLA 2018.] (12) records that are (A) proprietary, privileged, or a trade secret in accordance with AS 43.90.150 or 43.90.220(e); (B) applications that are received under AS 43.90 until notice is published under AS 43.90.160; (13) information of the Alaska Gasline Development Corporation created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development Corporation that is confidential by law or under a valid confidentiality agreement; (14) information under AS 38.05.020(b)(11) that is subject to a confidentiality agreement under AS 38.05.020(b)(12); (15) records relating to proceedings under AS 09.58 (Alaska Medical Assistance False Claim and Reporting Act); (16) names, addresses, and other information identifying a person as a participant in the Alaska savings program for eligible individuals under AS 06.65; (17) artists' submissions made in response to an inquiry or solicitation initiated by the Alaska State Council on the Arts under AS 44.27.060; (18) records that are (A) investigative files under AS 45.55.910; or (B) confidential under AS 45.56.620. (b) Every public officer having the custody of records not included in the exceptions shall permit the inspection, and give on demand and on payment of the fees under AS 40.25.110 — 40.25.115 a certified copy of the record, and the copy shall in all cases be evidence of the original. (c) Recorders shall permit memoranda, transcripts, and copies of the public records in their offices to be made by photography or otherwise for the purpose of examining titles to real estate described in the public records, making abstracts of title or guaranteeing or insuring the titles of the real estate, or building and maintaining title and abstract plants, subject to reasonable rules and regulations as are necessary for the protection of the records and to prevent interference with the regular discharge of the duties of the recorders and their employees.

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See also

• Freedom of Information Act

External links

• Alaska Statutes 2024
• Alaska Administrative Code
• Alaska State Archives