Public Records Frequently Asked Questions

 

What is a public records request?

A public records request is a request made under the Idaho Public Records Law by a member of the public, in include other government agencies, in order to examine or copy records maintained by Idaho State Department of Agriculture (“ISDA”).

 

What is a public record?

A public record is any record, regardless of format, created or received by ISDA documenting the administration of ISDA business.  ISDA keeps and maintains records that relate to many areas of agriculture, organized by ISDA’s divisions. The guidelines for these records may be found here.

 

How are public records requests submitted?

A public records request must be submitted in writing to ISDA via email, fax, mail, or hand-delivery.  The simplest method is through the Request for Public Records Form.

Fax: (208) 334-2170

Mail or delivery:

Idaho Department of Agriculture

2270 Old Penitentiary Road

P.O. Box 7249

Boise, Idaho 83707

 

What information is needed in the request description?

Please be as detailed as possible in your request.  Include, when available: facility name(s) and address(es), prior facility name(s) and owner(s), county, type of records desired, timeframe involved, etc.  The more specific you are, the better we are able to respond to your request.

 

How long does ISDA have to respond to a public records request?

ISDA is required to respond to all public records requests within three working days following the date the request was received.

 

What if a receive an extension letter?

It is possible ISDA will be unable to fulfill your request in the three business days allowed.  An additional seven working days may be taken in which case you will receive an extension letter.  Your extension letter will be sent within three working days of receipt of your request and serves as notification that additional time is required.

 

What if I receive a denial or partial denial letter?

Certain records may be withheld from disclosure due to their confidential nature (Idaho Code §§ 74-104 through 74-120).  All partial and full denials have undergone attorney review.  The letter you receive notes specific statutory provisions serving as the basis for your denial.  You have the right to file an appeal within 180 days of the mailing date of the denial notice.

 

What if ISDA has no records responsive to my request?

The letter you receive will indicate that is the case.  You have the right to file an appeal within 180 days of the mailing date of the denial notice.

 

How do I determine possible fees associated with my request?

Public records request fees are outlined in the Fee Schedule in the ISDA Public Records Policy.

 

What if I am unable to cover the costs for my request?

You may submit a Public Records Fee Waiver Request Form for review.  ISDA may waive any cost or fee for copies or labor when the requester demonstrates that their request contributes significantly to the public’s understanding, does not pertain to the requester’s interest in litigation, and that the requester provides documentation to show insufficient financial resources to cover any fees.

 

How am I billed for my request?

If there is a fee associated with the copying, printing, or mailing of your public records request and/or an associated ISDA out-of-pocket cost, you will receive a separate itemized invoice.  ISDA will process your request after payment is received.

 

What can I do if I have an ISDA public records request question?

You may contact Stevie Harris, ISDA’s Public Records Coordinator, at Stevie.Harris@ISDA.Idaho.gov or by phone at (208)332-8501.

 

Where can I find more information about public records requests?

ISDA’s Public Records Request Policy

Idaho Code Title 74, Chapter 1 Public Records Act

Idaho Attorney General’s Public Records Law Manual