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§51-24A.5.
§51-24A.5.
All records of public bodies and public officials shall be open to any
person for inspection, copying, and/or mechanical reproduction during
regular business hours; provided:
1. The Oklahoma Open Records Act, Section 24A.1 et seq. of this title,
does not apply to records specifically required by law to be kept
confidential including:
a. records protected by a state evidentiary privilege such as the
attorney-client privilege, the work product immunity from discovery
and the identity of informer privileges, or
b. records of what transpired during meetings of a public body
lawfully closed to the public such as executive sessions authorized
under the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25
of the Oklahoma Statutes.
2. Any reasonably segregable portion of a record containing exempt
material shall be provided after deletion of the exempt portions,
provided however, the Oklahoma Department of Public Safety shall not
be required to assemble for the requesting person specific information
requested from the Oklahoma Department of Public Safety's Driver
License file relating to persons whose names and dates of birth or
whose driver license numbers are not furnished by the requesting
person. The Oklahoma State Bureau of Investigation shall not be
required to assemble for the requesting person any criminal history
records relating to persons whose names and dates of birth are not
furnished by the requesting person.
3. Any request for a record which contains individual records of
persons and the cost of copying, reproducing or certifying such
individual record which is otherwise prescribed by state law, the cost
may be assessed for each individual record, or portion thereof
requested as prescribed by state law. Otherwise, a public body may
charge a fee only for recovery of the reasonable, direct costs of
document copying, or mechanical reproduction. Notwithstanding any
state or local provision to the contrary, in no instance shall said
document copying fee exceed twenty-five cents ($0.25) per page for
documents having the dimensions of eight and one-half (8 1/2) by
fourteen (14) inches or smaller, or a maximum of One Dollar ($1.00)
per copied page for a certified copy. However, if the request:
a. is solely for commercial purpose, or
b. would clearly cause excessive disruption of the public body's
essential functions,
then the public body may charge a reasonable fee to recover the direct
cost of document search; however, publication in a newspaper or
broadcast by news media for news purposes shall not constitute a
resale or use of data for trade or commercial purpose and charges for
providing copies of electronic data to the news media for a news
purpose shall not exceed the direct cost of making the copy.
Any public body establishing fees under this act shall post a written
schedule of said fees at its principal office and with the county
clerk.
In no case shall a search fee be charged when the release of said
documents is in the public interest, including, but not limited to,
release to the news media, scholars, authors and taxpayers seeking to
determine whether those entrusted with the affairs of the government
are honestly, faithfully, and competently performing their duties as
public servants.
The fees shall not be used for the purpose of discouraging requests
for information or as obstacles to disclosure of requested
information.
4. The land description tract index of all recorded instruments
concerning real property required to be kept by the county clerk of
any county shall be available for inspection or copying in accordance
with the provisions of the Oklahoma Open Records Act; provided,
however, such index shall not be copied and/or mechanically reproduced
for the purpose of sale of such information.
5. A public body must provide prompt, reasonable access to its records
but may establish reasonable procedures which protect the integrity
and organization of its records and to prevent excessive disruptions
of its essential functions.
6. A public body shall designate certain persons who are authorized to
release records of the public body for inspection, copying, or
mechanical reproduction. At least one such person shall be available
at all times to release records during the regular business hours of
the public body.
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