Q:The PRA provides that “[e]ach agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records…” Govt Code § 6253(c)
Is that 10 business days or 10 calendar days? How long do I have to wait before sending a followup request to which I have not gotten any response?
A: The 10-day period referred to in Government Code section 6253(c) of the Public Records Act refers to calendar days, so weekends should be counted in your calculation as to when you should have received a response.
The PRA does not require any waiting period between the time you send your original request and when you can follow up with the agency.
You can find additional information on the PRA on FAC’s website at the following link: https://firstamendmentcoalition.org/category/resources/access-to-records/.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.