Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter S - REQUESTS FOR PROVIDING PUBLIC INFORMATION › Section 1.251 - Procedures for Handling Requests for Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The department requires that all public
				  information requests be in writing, to include fax and e-mail, unless there are
				  special circumstances. Program staff may determine whether a verbal request may
				  be accepted.
(b) The program
				  handling the request for public information will review the request and
				  determine what records are requested; who is requesting the records; whether
				  inspection or actual copies of the records are requested; and whether the
				  requested records are open, confidential, or partially open and partially
				  confidential. The Office of General Counsel is available to provide assistance
				  in making these determinations.
(c)
				  To the extent possible the department will attempt to accommodate a requestor
				  by providing information in the format requested. For example, if a requestor
				  asks that information be provided on a diskette and the requested information
				  is electronically stored, the department should provide the information on
				  diskette. The department is not required to acquire software, hardware, or
				  programming capabilities that it does not already possess to accommodate a
				  particular kind of request except in accordance with the Public Information Act
				  (Act), §552.231.
(d) Provision
				  of a copy of public information in the requested medium must not violate the
				  terms of any copyright agreement between the department and a third party.
				  Therefore, the department will not make copies nor allow use of state equipment
				  for copying of materials copyrighted by a person other than the department.
				  This limitation also will apply to material copyrighted by the department when
				  the department copyright is restricted to certain uses. The requestor may bring
				  a portable copier, camera, or other recording device to copy the copyright
				  material.
(e) The program handling
				  the request for public information must have the records ready for inspection
				  or copies duplicated promptly or within a reasonable time, but no later than 10
				  business days after the date the department received the request. If the
				  program cannot produce the public information for inspection or duplication
				  within 10 business days after the date the department received the request, the
				  program will certify that fact in writing to the requestor and set a date and
				  hour within a reasonable time when the information will be available for
				  inspection or duplication.
(1) Prior to the
				  end of the 10 business days or the set date and hour, if applicable, the
				  program will notify the requestor of the estimated costs if the costs will be
				  over $40.
(2) The program may
				  require a cash deposit on requests for copies of public information which are
				  estimated to exceed $100. The breakdown on deposit requirements are outlined in
				  the department's operating procedures relating to charges for records under the
				  Act.
(3) All efforts should be made
				  to process requests as efficiently as possible so that requested information
				  will be provided at the lowest possible charge.
(4) Full disclosure must be made to the
				  requesting party as to how the charges were calculated.
(5) All charges for public information in an
				  amount of $100 or more must be paid to the department before the public
				  information is actually provided to the requestor by inspection or duplication.
				  On orders under $100, the program staff have the option to require prepayment
				  before providing the information or they have the option to provide the
				  information to the requestor along with a copy of the billing statement, which
				  must be returned with the remittance.
(6) If the department has previously provided
				  public information to a requestor and billed the requestor for the information
				  and if the billings exceed $100 and are unpaid, the department may require a
				  deposit for payment of the unpaid amounts owed to the department before
				  preparing to fulfill a new request for public information from the same
				  requestor. The department may not seek payment of those unpaid amounts through
				  any other means.
(7) If a request
				  for information requires programming or manipulation of data pursuant to the
				  Act, §552.231 and the department's policy established under that section,
				  the time frame in this subsection will not apply until the requestor files the
				  written statement described in the Act, §552.231(d)(1) or (2). Once the
				  written statement is filed, the program handling the request shall comply with
				  this subsection.
(8) When payment
				  is required in advance of providing the public information, failure of the
				  requestor to pay the costs of the copies within 30 days of notification of the
				  estimated costs, or a longer period of time, if granted by the program, will be
				  considered a withdrawal of the request for information.