§ 318. Procedure
(a)(1) As used in this section, “promptly” means immediately, with little or no delay, and,
unless otherwise provided in this section, not more than three business days:
(A) from receipt of a request under this subchapter; or
(B) in the case of a reversal on appeal by a head of the agency pursuant to subsection
(c) of this section, from the date of the determination on appeal.
(2) A custodian or head of the agency who fails to comply with the applicable time limit
provisions of this section shall be deemed to have denied the request or the appeal
upon the expiration of the time limit.
(b) Upon request, the custodian of a public record shall promptly produce the record for
inspection or a copy of the record, except that:
(1) If the record is in active use or in storage and therefore not available for use at
the time the person asks to examine it, the custodian shall promptly certify this
fact in writing to the applicant and, in the certification, set a date and hour within
one calendar week of the request when the record will be available.
(2) If the custodian considers the record to be exempt from inspection and copying under
the provisions of this subchapter, the custodian shall promptly so certify in writing.
The certification shall:
(A) identify the records withheld;
(B) include the asserted statutory basis for denial and a brief statement of the reasons
and supporting facts for denial;
(C) provide the names and titles or positions of each person responsible for denial of
the request; and
(D) notify the person of his or her right to appeal to the head of the agency any adverse
determination.
(3) [Repealed.]
(4) If a record does not exist, the custodian shall promptly certify in writing that the
record does not exist under the name given to the custodian by the applicant or by
any other name known to the custodian.
(5) In unusual circumstances as herein specified, the time limits prescribed in this section
may be extended by written notice to the person making the request setting forth the
reasons for the extension and the date on which a determination is expected to be
dispatched. No such notice shall specify a date that would result in an extension
for more than ten business days from receipt of the request or, in the case of a reversal
on appeal by a head of the agency pursuant to subsection (c) of this section, from
the date of the determination on appeal. As used in this subdivision, “unusual circumstances”
means to the extent reasonably necessary to the proper processing of the particular
request:
(A) the need to search for and collect the requested records from field facilities or
other establishments that are separate from the office processing the request;
(B) the need to search for, collect, and appropriately examine a voluminous amount of
separate and distinct records that are demanded in a single request; or
(C) the need for consultation, which shall be conducted with all practicable speed, with
another agency having a substantial interest in the determination of the request or
among two or more components of the agency having substantial subject matter interest
therein, or with the Attorney General.
(c)(1) Any denial of access by the custodian of a public record may be appealed to the head
of the agency. The head of the agency shall make a written determination on an appeal
within five business days after the receipt of the appeal.
(2) If the head of the agency upholds the denial of a request for records, in whole or
in part, the written determination shall include:
(A) the asserted statutory basis for upholding the denial;
(B) a brief statement of the reasons and supporting facts for upholding the denial; and
(C) notification of the provisions for judicial review of the determination under section 319 of this title.
(3) If the head of the agency reverses the denial of a request for records, the records
shall be promptly made available to the person making the request.
(d) In responding to a request to inspect or copy a record under this subchapter, a public
agency shall consult with the person making the request in order to clarify the request
or to obtain additional information that will assist the public agency in responding
to the request and, when authorized by this subchapter, in facilitating production
of the requested record for inspection or copying. In unusual circumstances, as that
term is defined in subdivision (b)(5) of this section, a public agency may request
that a person seeking a voluminous amount of separate and distinct records narrow
the scope of a public records request.
(e) A public agency shall not withhold any record in its entirety on the basis that it
contains some exempt content if the record is otherwise subject to disclosure; instead,
the public agency shall redact the information it considers to be exempt and produce
the record accompanied by an explanation of the basis for denial of the redacted information.
(f) If a person making the request has a disability that requires accommodation to gain
equal access to the public record sought, the person shall notify the public agency
of the type of accommodation requested. The public agency shall give primary consideration
to the accommodation choice expressed by the requestor, but may propose an alternative
accommodation so long as it achieves equal access. The public agency shall provide
accommodation to the person making the request unless the agency can demonstrate that
accommodation would result in a fundamental alteration in the nature of its service,
programs, activities, or in undue financial and administrative burden.
(g) The Secretary of State shall provide municipal public agencies and members of the
public information and advice regarding the requirements of the Public Records Act
and may utilize informational websites, toll-free telephone numbers, or other methods
to provide such information and advice.
(h) The head of a State agency or department shall:
(1) designate the agency’s or department’s records officer described in 3 V.S.A. § 218, or shall designate some other person, to be accountable for overseeing the processing
of requests for public records received by the agency or department in accordance
with this section; and
(2) post on the agency’s or department’s website the name and contact information of the
person designated under subdivision (1) of this subsection. (Added 1975, No. 231 (Adj. Sess.), § 1; amended 2005, No. 132 (Adj. Sess.), § 2; 2007, No. 110 (Adj. Sess.), § 1; 2011, No. 59, § 4; 2017, No. 166 (Adj. Sess.), § 5; 2019, No. 14, § 1, eff. April 30, 2019.)