Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 3 - General Operations and Procedures › Section 310:2-3-5 - Access to agency records pursuant to the Open Records Act

Current through Vol. 41, No. 20, July 1, 2024
(a)
Official records.
Official
				records include records required to be maintained by law, the record in
				individual proceedings, records submitted to the agency by any person and any
				other "record" as that term is defined by the Oklahoma Open Records Act, 51
				O.S. § 24A.1, et seq., (OORA).
(b)
Access to official records.
Records available to the public pursuant to the Oklahoma Open Records Act, 51
				O.S. § 24A.1 et seq., are subject to inspection and mechanical
				reproduction under the provisions set forth below.
(c)
Initial procedural
				requirements.
A request for inspection shall be submitted electronically
				or in writing. To encourage a fully articulated and accurate response to a
				request, the request shall be submitted on a form made available by OSDH,
				online and the requester must reasonably describe the records sought.
				Additionally, if applicable, every request must specify a time period for which
				records are being sought. A request submitted in the manner above, reasonably
				describing the records sought and stating an appropriate time period for the
				records being sought will be timely acknowledged and further processed for a
				review and inspection. Consistent with the OORA, agency personnel may determine
				that the requester is required to pay, in advance, any fees due pursuant to
				subparagraph (h) below.
(d)
Requests received.
Requests submitted to the agency will not be
				deemed to have been received unless and until the request has been identified
				by agency personnel as a request properly submitted in accordance with these
				rules. After a determination is made of the estimated fees to gather the
				records requested, the agency will advise the requester of the cost. Upon
				receipt of the requested search fee, the request will be deemed to have been
				received by the agency and will then be timely processed for
				inspection.
(e)
Abandonment.
Any request not confirmed by a tender of the
				requisite search fee within thirty (30) days of advice by the agency shall be
				deemed to be abandoned, unless, within the time stated, the requester can show
				cause why the confirmation should be delayed or postponed.
(f)
Cooperation with the agency.
If the requester fails to furnish additional information reasonably necessary
				to identify the records sought or otherwise enable agency personnel to
				accurately process the request, the processing of the subject request may be
				suspended by agency personnel. A request that remains suspended for a period
				exceeding thirty (30) days shall be deemed abandoned.
(g)
Unavailable or confidential
				records
. If the agency cannot comply with the request for disclosure,
				the requester shall be notified of the adverse determination, stating the
				reason(s) therefor.
(h)
Fees.
The following are fees for preparing records for production:
(1) Paper Records - The fees for preparing
				paper records are those set forth in the OORA.
(2) Electronic Records - If request is for
				records to be produced in a format other than an electronically transmitted
				digital file, the preferred digital media to the agency, the agency will recoup
				the actual cost of transferring the records to the requester's media.
(3) Other Fees - The hourly fee for requests
				that are solely for commercial purpose or that cause excessive disruption of
				the agency's essential functions is in accordance with the schedule filed at
				the Oklahoma County Clerk's office. 'Excessive disruption' fees apply to
				requests that require more than eight (8) hours of actual employee work time to
				compile.
(4) Actual cost charged to
				OSDH by any third party related to obtaining records.