Home / About DIS / 25-19-108 - Information for Public Guidance

a)  Each state agency, board, and commission shall prepare and make available: 

(1)  A description of its organization, including central and field offices, the general course and method of its operations, and the established locations, including, but not limited to, telephone numbers and street, mailing, electronic mail, and Internet addresses and the methods by which the public may obtain access to public records; 

(2)  A list and general description of its records, including computer databases; 

(3) (A)  Its regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions. 

(B)(i)  Rules, regulations, and opinions used in this section shall refer only to substantive and material items that directly affect procedure and decision-making.

(ii)  Personnel policies, procedures, and internal policies shall not be subject to the provisions of this section.

(iii)  Surveys, polls, and fact-gathering for decision-making shall not be subject to the provisions of this section. 

(iv)  Statistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result. 

(4)  All documents composing an administrative adjudication decision in a contested matter, except the parts of the decision that are expressly confidential under state or federal law; and 

(5)  Copies of all records, regardless of medium or format, released under § 25-19-105 which, because of the nature of their subject matter, the agency, board, or commission determines have become or are likely to become the subject of frequent requests for substantially the same records. 

b) (1)  All materials made available by a state agency, board, or commission pursuant to subsection (a) of this section and created after July 1, 2003, shall be made publicly accessible, without charge, in electronic form via the Internet. 

(2)  It shall be a sufficient response to a request to inspect or copy the materials that they are available on the Internet at a specified location, unless the requester specifies another medium or format under § 25-19-105(d)(2)(B).

History. Acts 2001, No. 1653, § 3.

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