(1) Any person denied any rights granted by sections 84-712 to 84-712.03 shall receive in written form from the public body which denied the request for records at least the following information:
(a) A description of the contents of the records withheld and a statement of the specific reasons for the denial, correlating specific portions of the records to specific reasons for the denial, including citations to the particular statute and subsection thereof expressly providing the exception under section 84-712.01 relied on as authority for the denial;
(b) The name of the public official or employee responsible for the decision to deny the request; and
(c) Notification to the requester of any administrative or judicial right of review under section 84-712.03.
(2) Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.
Notes of Decisions
State ex rel. BH Media Grp. v. Frakes, 305 Neb. 780 (Neb. 2020).
· cites it 3× “An example of such an additional obligation occurs when a public body denies a public records request and § 84-712.04(1) requires the public body to provide to the requesting party in writing a description of the withheld records and the reasons for denial, including citations…”
State ex rel. Veskrna v. Steel, 296 Neb. 581 (Neb. 2017).
· cites it 2× “Veskrna asserted that the exhibits supported new theories that were not disclosed in Steel’s initial denial letter, which exhibits Veskrna claimed were a violation of Neb. Rev. Stat. § 84-712.04 (1)(a) (Reissue 2014).”
Boppre v. Overman (Neb. Ct. App. 2016).
· cites it 2× “Boppre alleged that Overman’s response was not in compliance with § 84-712.04. He also asked the court to enforce the penalty provisions of § 84-712.”
Frederick v. City of Falls City (Neb. 2015).
· cites it 2× “864 On cross-appeal, Frederick assigns, restated and consoli- dated, that the district court erred by finding EDGE did not waive the statutory disclosure exemptions by failing to fol- low the procedures set forth in Neb. Rev. Stat. § 84-712.04 (Reissue 2014).”
— Neb. Rev. Stat. § 84-712.04(1) — 1 case
State ex rel. BH Media Grp. v. Frakes, 305 Neb. 780 (Neb. 2020).
“An example of such an additional obligation occurs when a public body denies a public records request and § 84-712.04(1) requires the public body to provide to the requesting party in writing a description of the withheld records and the reasons for denial, including citations…”
— Neb. Rev. Stat. § 84-712.04(2) — 1 case
State ex rel. BH Media Grp. v. Frakes, 305 Neb. 780 (Neb. 2020).
“An example of such an additional obligation occurs when a public body denies a public records request and § 84-712.04(1) requires the public body to provide to the requesting party in writing a description of the withheld records and the reasons for denial, including citations…”
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