Nevada FOIA procedures

Nevada FOIA procedures
FOIA laws in Nevada
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 Nevada 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 Nevada

Records requests should be directed to the agency in control of the public records. According to Section 239.0107 of the Nevada Revised Statutes, all that is required for a government agency to process a request is "a written or oral request from a person to inspect, copy or receive a copy of the public book or record."

Purpose and use

The law does not require a statement of purpose and does not place any restrictions on the use of public records. The only section to provide stipulations on use is Section 239.010, which states that use of public information is ultimately subject to federal copyright laws.

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Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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Who may request public records?

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

Anyone may request public records in Nevada. Section 239.010 states that "all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records."

Nevada 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?

Nevada law allows the charging of fees not to exceed the actual cost of producing the record. In general, fees that go beyond the cost of mere duplication are recorded by statute, implying that departments should not charge fees for labor involved in search and duplication unless otherwise required by statute. However, in certain instances additional fees may be charged. All fees must be posted in a conspicuous place in all governmental offices. An additional fee is charged for the transcripts of court reports and is remitted to the court reporter. Additional fees are also charged for information from any "geographic information system" that are meant to offset the cost of maintaining and supporting the system. The Department of Veterans' Affairs is exempt from any fees.

Response time

See also: Request response times by state

Government entities are given five business days to either provide a person access to requested information or notify them in writing why access cannot be granted.

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1. Not later than the end of the fifth business day after the date on which the person who has legal custody or control of a public book or record of a governmental entity receives a written or oral request from a person to inspect, copy or receive a copy of the public book or record, a governmental entity shall do one of the following, as applicable: (a) Except as otherwise provided in subsection 2, allow the person to inspect or copy the public book or record or, if the request is for the person to receive a copy of the public book or record, provide such a copy to the person. (b) If the governmental entity does not have legal custody or control of the public book or record, provide to the person, in writing: (1) Notice of that fact; and (2) The name and address of the governmental entity that has legal custody or control of the public book or record, if known. (c) Except as otherwise provided in paragraph (d), if the governmental entity is unable to make the public book or record available by the end of the fifth business day after the date on which the person who has legal custody or control of the public book or record received the request, provide to the person, in writing: (1) Notice of that fact; and (2) A date and time after which the public book or record will be available for the person to inspect or copy or after which a copy of the public book or record will be available to the person. If the public book or record or the copy of the public book or record is not available to the person by that date and time, the person may inquire regarding the status of the request. (d) If the governmental entity must deny the person s request because the public book or record, or a part thereof, is confidential, provide to the person, in writing: (1) Notice of that fact; and (2) A citation to the specific statute or other legal authority that makes the public book or record, or a part thereof, confidential. 2. If a public book or record of a governmental entity is readily available for inspection or copying, the person who has legal custody or control of the public book or record shall allow a person who has submitted a request to inspect, copy or receive a copy of a public book or record.

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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

Records considered confidential are excluded from public information request law. Records are considered confidential if they contain identifying information (Section 239.0105) or if a government entity determines that the release of the information "could potentially create negative consequences, including, without limitation, financial loss, stigmatization, harm to reputation, anxiety, embarrassment, fear or other physical or emotional harm, for the person to whom the information pertains" (Section 239.014).

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1.  Records of a local governmental entity are confidential and not public books or records within the meaning of NRS 239.010 if: (a) The records contain the name, address, telephone number or other identifying information of a natural person; and (b) The natural person whose name, address, telephone number or other identifying information is contained in the records provided such information to the local governmental entity for the purpose of: (1) Registering with or applying to the local governmental entity for the use of any recreational facility or portion thereof that the local governmental entity offers for use through the acceptance of reservations; or (2) On his or her own behalf or on behalf of a minor child, registering or enrolling with or applying to the local governmental entity for participation in an instructional or recreational activity or event conducted, operated or sponsored by the local governmental entity. 2.  The records described in subsection 1 must be disclosed by a local governmental entity only pursuant to: (a) A subpoena or court order, lawfully issued, requiring the disclosure of such records; (b) An affidavit of an attorney setting forth that the disclosure of such records is relevant to an investigation in anticipation of litigation; (c) A request by a reporter or editorial employee for the disclosure of such records, if the reporter or editorial employee is employed by or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station; or (d) The provisions of NRS 239.0115. 3.  Except as otherwise provided by specific statute or federal law, a natural person shall not provide, and a local governmental entity shall not require, the social security number of any natural person for the purposes described in subparagraphs (1) and (2) of paragraph (b) of subsection 1. 4.  As used in this section, unless the context otherwise requires, “local governmental entity” has the meaning ascribed to it in NRS 239.121.

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And,

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1.  Except as otherwise provided in subsection 3, a record or portion of a record that contains personally identifiable information collected by automated means over the Internet or other digital network by a governmental entity as part of the electronic collection of information from the general public is confidential if the governmental entity determines that the disclosure of the personally identifiable information could potentially create negative consequences, including, without limitation, financial loss, stigmatization, harm to reputation, anxiety, embarrassment, fear or other physical or emotional harm, for the person to whom the information pertains. 2.  Each governmental entity shall maintain a list of records and portions of records determined to be confidential pursuant to subsection 1. The list must describe each record or portion of a record without revealing any personally identifiable information contained in the record. 3.  Except if the disclosure is otherwise prohibited by state or federal law, a governmental entity shall grant a request pursuant to NRS 239.010 to inspect or copy a record or portion of a record determined to be confidential pursuant to subsection 1 if the requester demonstrates a compelling operational, administrative, legal or educational justification for inspecting or copying the record or portion of a record, as applicable, that, in the determination of the governmental entity, outweighs the risk of potential negative consequences to the person to whom the record pertains. 4.  On or before February 15 of each year, a governmental entity shall: (a) Prepare a report that provides a detailed description of each record or portion of a record determined to be confidential pursuant to subsection 1 and an explanation of the reasons for that determination. The report must not include any personally identifiable information. (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to: (1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or (2) If the Legislature is not in session, the Legislative Commission. 5.  As used in this section, “personally identifiable information” means information that, alone or in combination with other information, may be used to identify a person or an electronic device used by the person. The term includes, without limitation, the name, address, telephone number, date of birth and directory information of a person.

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See also

• Freedom of Information Act

External links

• Chapter 239- Public Records
• Nevada State Library, Archives, and Public Records
• Open Government Guide to Nevada