NRS
239.0107 Requests for inspection or copying of public books or records:
Actions by governmental entities.
1. Not later than the end of the fifth
business day after the date on which the person who has legal custody or
control of a public book or record of a governmental entity receives a written
or oral request from a person to inspect, copy or receive a copy of the public
book or record, a governmental entity shall do one of the following, as
applicable:
(a) Except as otherwise provided in subsection 2,
allow the person to inspect or copy the public book or record or, if the
request is for the person to receive a copy of the public book or record,
provide such a copy to the person.
(b) If the governmental entity does not have
legal custody or control of the public book or record, provide to the person,
in writing:
(1) Notice of the fact that it does not
have legal custody or control of the public book or record; and
(2) The name and address of the
governmental entity that has legal custody or control of the public book or
record, if known.
(c) Except as otherwise provided in paragraph
(d), if the governmental entity is unable to make the public book or record
available by the end of the fifth business day after the date on which the
person who has legal custody or control of the public book or record received
the request:
(1) Provide to the person, in writing,
notice of the fact that it is unable to make the public book or record
available by that date and the earliest date and time after which the
governmental entity reasonably believes the public book or record will be
available for the person to inspect or copy or after which a copy of the public
book or record will be available to the person. If the public book or record or
the copy of the public book or record is not available to the person by that
date and time, the governmental entity shall provide to the person, in writing,
an explanation of the reason the public book or record is not available and a
date and time after which the governmental entity reasonably believes the
public book or record will be available for the person to inspect or copy or
after which a copy of the public book or record will be available to the
person.
(2) Make a reasonable effort to assist the
requester to focus the request in such a manner as to maximize the likelihood
the requester will be able to inspect, copy or receive a copy of the public
book or record as expeditiously as possible.
(d) If the governmental entity must deny the
person’s request because the public book or record, or a part thereof, is
confidential, provide to the person, in writing:
(1) Notice of that fact; and
(2) A citation to the specific statute or
other legal authority that makes the public book or record, or a part thereof,
confidential.
2. If a public book or record of a
governmental entity is readily available for inspection or copying, the person
who has legal custody or control of the public book or record shall allow a
person who has submitted a request to inspect, copy or receive a copy of a
public book or record as expeditiously as practicable.
(Added to NRS by 2007,
2061; A 2013,
321; 2019,
4006)
Notes of Decisions
Reno Newspapers, Inc. v. Gibbons, 266 P.3d 623 (Nev. 2011).
· cites it 6× “We conclude that, as mandated by NRS 239.0107(l)(d), if a state entity denies a public records request prior to the commencement of litigation, it must provide the requesting party with notice of its claim of confidentiality and citation to legal authority that justifies…”
Comstock Residents Ass'n v. Lyon Cnty. Bd. of Comm'rs, 414 P.3d 318 (Nev. 2018).
· cites it 2× “001(4) and NRS 239.0107 meaningless, as the records of private entities rendering public services would not necessarily be stored at the government office, and providing a time frame for resolving a records request would be unnecessary if records were required to be immediately…”
Clark Cty. Sch. Dist. Vs. Las Vegas Review-journal, 2018 NV 84 (Nev. 2018).
“A few days later, CCSD responded that it could not get the information requested within five days, as required by NRS 239.0107 of the Nevada Public Records Act (NPRA); however, it would hopefully have the information by December 16, 2016.”
Las Vegas Metro. Police Dep't Vs. Las Vegas Review-journal, 2020 NV 86 (Nev. 2020).
· cites it 2× “30n appeal, the Review-Journal argues that Metro waived any objections to disclosure by failing to cite appropriate legal authority within the five-day time limit set by NRS 239.0107(1)(d). Such arguments have since been rejected by this court in Republican Attorneys General…”
Las Vegas Review-Journal v. City of Henderson (Nev. 2019).
· cites it 9× “0107(1), a governmental entity must do one of four things within five business days of receiving a public records request; as pertinent here, a governmental entity must provide notice that it will be unable to make the record available by the end of the fifth business day and…”
Las Vegas Review-Journal v. City of Henderson (Nev. 2019).
· cites it 9× “0107(1), a governmental entity must do one of four things within five business days of receiving a public records request; as pertinent here, a governmental entity must provide notice that it will be unable to make the record available by the end of the fifth business day and…”
Comstock Residents Ass'n Vs. Lyon Cty. Bd. of Comm'rs, 2018 NV 19 (Nev. 2018).
· cites it 4× “001(4) and NRS 239.0107 meaningless, as the records of private entities rendering public services would not necessarily be stored at the government office, and providing a time frame for resolving a records request would be unnecessary if records were required to be immediately…”
Katz v. Incline Vill. Gen. Improvement Dist. (Nev. 2018).
· cites it 3× “Herron's belief but instead argues that her failure to articulate the basis for refusing to produce the draft documents at the time she responded to appellant's request violated NRS 239.0107. Appellant, however, does not point to any authority suggesting that a violation of NRS…”
— Nev. Rev. Stat. § 239.0107(1) — 8 cases
Comstock Residents Ass'n v. Lyon Cnty. Bd. of Comm'rs, 414 P.3d 318 (Nev. 2018).
“001(4) and NRS 239.0107 meaningless, as the records of private entities rendering public services would not necessarily be stored at the government office, and providing a time frame for resolving a records request would be unnecessary if records were required to be immediately…”
Comstock Residents Ass'n Vs. Lyon Cty. Bd. of Comm'rs, 2018 NV 19 (Nev. 2018).
“001(4) and NRS 239.0107 meaningless, as the records of private entities rendering public services would not necessarily be stored at the government office, and providing a time frame for resolving a records request would be unnecessary if records were required to be immediately…”
— Nev. Rev. Stat. § 239.0107(1)(a) — 2 cases
— Nev. Rev. Stat. § 239.0107(1)(c) — 3 cases
Las Vegas Review-Journal v. City of Henderson (Nev. 2019).
“0107(1), a governmental entity must do one of four things within five business days of receiving a public records request; as pertinent here, a governmental entity must provide notice that it will be unable to make the record available by the end of the fifth business day and…”
Las Vegas Review-Journal v. City of Henderson (Nev. 2019).
“0107(1), a governmental entity must do one of four things within five business days of receiving a public records request; as pertinent here, a governmental entity must provide notice that it will be unable to make the record available by the end of the fifth business day and…”
— Nev. Rev. Stat. § 239.0107(1)(d) — 7 cases
Las Vegas Metro. Police Dep't Vs. Las Vegas Review-journal, 2020 NV 86 (Nev. 2020).
“30n appeal, the Review-Journal argues that Metro waived any objections to disclosure by failing to cite appropriate legal authority within the five-day time limit set by NRS 239.0107(1)(d). Such arguments have since been rejected by this court in Republican Attorneys General…”
Las Vegas Review-Journal v. City of Henderson (Nev. 2019).
“0107(1), a governmental entity must do one of four things within five business days of receiving a public records request; as pertinent here, a governmental entity must provide notice that it will be unable to make the record available by the end of the fifth business day and…”
Las Vegas Review-Journal v. City of Henderson (Nev. 2019).
“0107(1), a governmental entity must do one of four things within five business days of receiving a public records request; as pertinent here, a governmental entity must provide notice that it will be unable to make the record available by the end of the fifth business day and…”
Katz v. Incline Vill. Gen. Improvement Dist. (Nev. 2018).
“Herron's belief but instead argues that her failure to articulate the basis for refusing to produce the draft documents at the time she responded to appellant's request violated NRS 239.0107. Appellant, however, does not point to any authority suggesting that a violation of NRS…”
— Nev. Rev. Stat. § 239.0107(1)(d)(2) — 1 case
— Nev. Rev. Stat. § 239.0107(l)(d) — 1 case
Reno Newspapers, Inc. v. Gibbons, 266 P.3d 623 (Nev. 2011).
“We conclude that, as mandated by NRS 239.0107(l)(d), if a state entity denies a public records request prior to the commencement of litigation, it must provide the requesting party with notice of its claim of confidentiality and citation to legal authority that justifies…”
— Nev. Rev. Stat. § 239.0107(l)(d)(2) — 1 case
Reno Newspapers, Inc. v. Gibbons, 266 P.3d 623 (Nev. 2011).
“We conclude that, as mandated by NRS 239.0107(l)(d), if a state entity denies a public records request prior to the commencement of litigation, it must provide the requesting party with notice of its claim of confidentiality and citation to legal authority that justifies…”
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