Question
I sent a public records request to the CA DMV and they were required to respond with 10 days. It’s been a month and have not yet had a response. Is there a public records ombudsman I can notify?
Answer
Unfortunately, unlike some states, California does not have an ombudsman to help facilitate public records requests where an agency is not fulfilling its statutory duties under the Public Records Act. In situations such as yours, I usually recommend writing back to the agency, reminding it that Government Code § 6253(c) requires a written response within 10 days of receipt of the request (and perhaps noting that this date – January 15 – has already come and gone), and disclosure of records “promptly” thereafter. You could also remind the agency that should you be compelled to file a lawsuit to enforce your rights under the PRA, the agency would be required to pay your attorney’s fees should you prevail. Gov’t Code § 6259.
Hopefully a follow-up letter to the agency will do the trick here, and spur the DMV to respond to your request. I wish you the best of luck in your endeavors.
Bryan Cave 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.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.