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Arizona FOIA procedures

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Arizona FOIA procedures
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FOIA laws in Arizona
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state

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 Arizona as of May 2025. On this page you will find:

How to request public records in Arizona

The Arizona Ombudsman Citizens’ Aide provides seven steps for requesting public records in Arizona:[1]

Step 1: First you need to determine what records you want to inspect. Remember, you are requesting specific documents rather than general information. It is helpful to make your request as specific as possible.

Step 2: Next you must determine who maintains custody of the records you want to inspect. Requests to inspect public records should be directed to the public “officer” who maintains custody of the records. It is wise to first check the agency’s web site and look for a request form or contact the public body directly. For help locating the custodian for specific types of records go to https://www.azlibrary.gov/arm/accessing-arizona-public-records.

Step 3: Do your research. Collect as much information as you can from search engines and web sites. Our website might be helpful. Go to www.azoca.gov and click on public records and then links.

If you do not have access to a computer or the Internet, look in the front of the phone book for government listings.

Step 4: Once you have determined what records you want to inspect and where they are located, you must request the public records. The Arizona Public Records Law no longer requires the submission of a written request for “non-commercial” matters. If an oral request is denied, however, you should submit a written request for access to the documents to the head of the public body involved. The request should be drafted narrowly, identifying the documents to be inspected with as much precision as possible.

Step 5: Wait for a response. The custodian of the public record is obligated to promptly furnish the requested records. What constitutes prompt will depend on what is reasonable under the circumstances. Some requests will require greater time for the custodian of the records to review and determine whether certain information should be deleted from the records. If the turnaround time is not set forth on the public records request form, ask how long it is anticipated to take. Regardless, call after a week to verify that they did in fact receive and process your request.

Step 6: Should your request be denied, you may appeal the denial through a special action in the superior court. But first, you might consider contacting the Arizona Ombudsman – Citizens’ Aide for assistance. The Ombudsman is statutorily authorized to investigate complaints relating to public access laws, request testimony or evidence, issue subpoenas, conduct hearings, make recommendations, and report misconduct.

Step 7: Last resort. You decide to take it to court and lose. If that’s the case, the denial of access through a special action may be pursued in the Court of Appeals or Arizona Supreme Court in the appropriate circumstances.[2]

Purpose and use

According to the Arizona Ombudsman Citizens’ Aide, "You are not required to state the purpose for the record request or the reason you want the record. You are required to disclose whether the public records will be used for a commercial or non-commercial purpose. Requestors are required to provide the purpose of a commercial request."[3]

Who may request public records?

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

Arizona law states that any person may request public documents. According to Arizona Revised Statutes 39-121, "Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.[4]

Arizona 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?

According to the Arizona Ombudsman Citizens’ Aide, "A person requesting copies for a non-commercial purpose may be charged a copying fee, which includes a reasonable amount of the cost of time, equipment, and personnel used in producing copies."[3] A higher fee may be charged for commercial use.[3]

Free copies of police reports must also be provided to victims or family members, "as well as a copy of the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary for the purpose of pursuing a claimed victim’s right."[3]

Additionally, free copies of records must be provided "when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department thereof."[3]

According to Arizona Revised Statutes 39-129, for police body camera footage, "a county, a city, a town or any political subdivision of this state may establish a onetime fee per copy, not to exceed $46 per video-hour reviewed, that is charged to a person who submits a public records request to a local law enforcement agency for a copy of a video recording."[5]

Response time

See also: Request response times by state

Arizona law says that the custodian of the records in question "shall promptly furnish such copies, printouts or photographs" as requested.[6] According to the Arizona Ombudsman Citizens’ Aide:[3]

The law requires prompt disclosure. ... What constitutes prompt depends on what is reasonable under the circumstances.


Criteria that will be taken into account includes: the agency’s resources, the nature of the request, the content of the records (particularly whether information must be redacted), and the location of the records (for instance, whether the records are stored off site). That said, mere inconvenience does not justify delay. The Arizona Court of Appeals recently applied the Webster’s Dictionary definition, which defines prompt as “quick to act or to do what is required” or “done, spoken, etc., at once or without delay.”


Also, keep in mind that some public bodies are required by statute to provide records within a specifically stated period of time.[2]

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

Arizona law exempts certain types of records from public access. According to the Arizona Ombudsman Citizens’ Aide:[3]

All public records are available for inspection unless
  • they are confidential by law (statute, rule, or privilege),
  • privacy interests outweigh the public’s right to know, or
  • disclosure is not in the best interest of the state.[2]

See also

External links

Footnotes

  1. Arizona Ombudsman Citizens’ Aide, "Public Record Requests 101: The 7 steps to obtaining public records," accessed May 5, 2025
  2. 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Arizona Ombudsman Citizens’ Aide, "Arizona Public Records Laws Frequently Asked Questions," accessed May 5, 2025 Cite error: Invalid <ref> tag; name "AOCA" defined multiple times with different content Cite error: Invalid <ref> tag; name "AOCA" defined multiple times with different content Cite error: Invalid <ref> tag; name "AOCA" defined multiple times with different content Cite error: Invalid <ref> tag; name "AOCA" defined multiple times with different content Cite error: Invalid <ref> tag; name "AOCA" defined multiple times with different content
  4. Arizona State Legislature, "Section 39-121," accessed May 5, 2025
  5. Arizona State Legislature, "Section 39-129," accessed May 5, 2025
  6. Arizona State Legislature, "Section 39-121.01," accessed May 5, 2025