Filing a Georgia Open Records Request

A person who wants a document from a Georgia state or local agency files an open records request with the office that holds it. The agency must respond within three business days, either by producing the record, denying the request in writing, or stating that more time is needed. An agency may charge for copies, but it may not charge for the time spent searching.

How do I file an open records request with a Georgia agency?

Georgia's Open Records Act, codified at O.C.G.A. 50-18-70 and following sections, applies to state agencies, county and city governments, school districts, and other public bodies. It does not require a special form. A request can be a letter, an email, or a fax. What matters is that it reaches the right office and describes the record clearly enough for a clerk to find it.

A practical request names the record, not the topic. "All emails between the county administrator and the vendor from January 1 to March 31" is a request. "Information about the vendor contract" is not. The requester should give a date range, an office or department name, and a format preference if one exists. A requester does not have to explain why the record is wanted. Georgia law does not require a reason, and an agency may not ask for one as a condition of release.

Agencies may designate an open records officer. The name and contact information for that officer are usually posted on the agency's website or available from the front desk. Sending the request to a general inbox can add days while it is routed. Sending it to the named officer starts the clock. A guide such as the Georgia open records request desk maintained for state documents lists which office holds which type of record, from superior court filings to budget summaries.

Some records are exempt. Personnel files, pending investigations, and certain tax records fall outside the act. An agency that withholds a record must cite the exemption in writing. A requester who receives a denial can appeal to the agency head, to the attorney general for state agencies, or to the superior court.

How long does a Georgia agency have to respond to an open records request?

The response window is three business days. The count begins when the agency receives the request, not when it is sent. Weekends and state holidays do not count. If a request arrives on a Friday afternoon, the clock generally starts the following Monday.

Within those three business days, the agency has four lawful options. It can produce the records. It can deny the request and cite the legal exemption. It can tell the requester that the records exist but are not yet available, and give a date when they will be. Or it can ask the requester to clarify an unclear request, which pauses the clock until the clarification arrives.

The third option is the one that produces most disputes. An agency may invoke it when records are in active use, in storage, or require redaction. The law does not set a hard outer limit on that extension, but it does require the agency to give a specific date and to notify the requester if that date slips. A requester who receives no answer at all can treat the silence as a denial and appeal.

Georgia law also allows an agency to charge for the time its staff spends redacting exempt material from a record, but not for the time spent locating it. That distinction matters in practice. A large request for emails can generate a redaction bill that exceeds the copy cost, and the agency may require payment before release.

What copy fees can a Georgia agency charge for public records?

An agency may charge a fee for the actual cost of copying. For paper copies, the common figure is 10 cents per page for letter and legal size, and more for larger sheets. An agency that uses a different rate must be able to show that the rate reflects its actual cost.

For electronic records, the rules differ. If the requester asks for a copy on a disc or by email, the agency may charge for the disc or the staff time needed to produce the file, but it may not charge a per-page rate for a document that is delivered electronically. Some agencies waive fees under a threshold, often around 25 dollars, and many waive them entirely for requests that serve a public purpose.

An agency may require prepayment when the estimated cost is high. It may also require a deposit. A requester who believes a fee is excessive can ask for an itemized estimate before agreeing to pay. The estimate should separate copy costs from redaction time, because the two are governed by different rules.

What happens when an agency does not answer?

Silence past the three-business-day window is treated as a denial. The requester can then appeal. For a state agency, the appeal goes to the attorney general's office. For a local agency, it goes to the agency head or the governing body. If the appeal fails, the requester can file suit in superior court. A court that finds a violation may order the record released and may award attorney's fees to the requester.

The practical advice from attorneys who handle these cases is to document everything. Keep the original request, the date it was sent, any acknowledgment, and any estimate. A paper trail turns a disputed request into a clear timeline.

Where do requests for older records go?

Not every record sits with the agency that created it. Georgia agencies transfer older material to the Georgia Archives, which is part of the University System of Georgia. Records that have been transferred are requested from the Archives rather than from the originating office. The Archives publishes its own fee schedule and its own reading room rules.

Court records follow a separate path. Filings from superior courts are held by the clerk of the superior court in each county, and requests go to that clerk. Birth and death certificates are held by the Georgia Department of Public Health, not by the county where the event occurred, except for records from a few early years.

What a requester should expect in practice

Most requests are routine. A clerk finds the file, copies it, and sends it. The friction appears in three places: an unclear request that forces a clarification round, a large request that triggers redaction time, and a request sent to the wrong office. Each of those adds days.

A requester who names the record precisely, sends the request to the named open records officer, and asks for an itemized estimate when costs are uncertain will usually receive the document within the statutory window or shortly after. The law is built on that expectation: three business days, a written answer, and a fee tied to actual cost.