Q: Does the California Board of Equalization have any special exemptions or dispensations from the California public records act or public access to documents it archives?
A: In reviewing the Public Records Act, I do not see any specific exemption that applies to records maintained by the Board of Equalization.
Depending on the type of record that you seek, there may be some exemption that applies.
For example, the attorney general has opined that “The State Board of Equalization is not required to disclose other than to an assessee information consisting of appraisal data concerning individual properties selected for appraisal in an assessment standards survey.” 76 Cal. Op. Att’y Genl. 219 (1993) (citing Gov’t Code section 6254(k), which states that records that are exempt under other federal or state law are also exempt under the PRA, and referencing section 15641 of the Government Code, which prohibits the disclosure of said appraisal data).
As you can see, the inquiry is necessarily fact specific, and would seem to depend on the type of record that you are seeking.
At any rate, if an agency denies a public records request, it is required to state the reasons for such denial. You can find additional information on the PRA, including a sample request letter, on the FAC’s website here: 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.
One Comment
I do remember that the state Board of Equalization used to release the names, addresses, business names, and permit numbers as well as the type of permit for all sellers permits issued by that agency. The legislature enacted a bill that halted the release of that information to the public back in the late 90’s I think. There was one exclusion that the governor could authorize the release of that information.
I used to obtain that information from all newly applied for permits on a weekly basis, and that law halted my access
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