§92F-42 Powers and duties of the office of information practices.
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§92F-42 Powers and duties of the office of information practices. The director of the office of information practices:
(1)Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by the office of information practices shall not be a contested case under chapter 91 and shall be optional and without prejudice to rights of judicial enforcement available under this chapter;
(2)Upon request by an agency, shall provide and make public advisory guidelines, opinions, or other information concerning that agency's functions and responsibilities;
(3)Upon request by any person, may provide advisory opinions or other information regarding that person's rights and the functions and responsibilities of agencies under this chapter;
(4)May conduct inquiries regarding compliance by an agency and investigate possible violations by any agency;
(5)May examine the records of any agency for the purpose of paragraphs
(4)and
(18)and seek to enforce that power in the courts of this State;
(6)May recommend disciplinary action to appropriate officers of an agency;
(7)Shall report annually to the governor and the state legislature on the activities and findings of the office of information practices, including recommendations for legislative changes;
(8)Shall receive complaints from and actively solicit the comments of the public regarding the implementation of this chapter;
(9)Shall review the official acts, records, policies, and procedures of each agency;
(10)Shall assist agencies in complying with the provisions of this chapter;
(11)Shall inform the public of the following rights of an individual and the procedures for exercising them:
(A)The right of access to records pertaining to the individual;
(B)The right to obtain a copy of records pertaining to the individual;
(C)The right to know the purposes for which records pertaining to the individual are kept;
(D)The right to be informed of the uses and disclosures of records pertaining to the individual;
(E)The right to correct or amend records pertaining to the individual; and
(F)The individual's right to place a statement in a record pertaining to that individual;
(12)Shall adopt rules that set forth an administrative appeals structure which provides for:
(A)Agency procedures for processing records requests;
(B)A direct appeal from the division maintaining the record; and
(C)Time limits for action by agencies;
(13)Shall adopt rules that set forth the fees and other charges that may be imposed for searching, reviewing, or segregating disclosable records, as well as to provide for a waiver of fees when the public interest would be served;
(14)Shall adopt rules which set forth uniform standards for the records collection practices of agencies;
(15)Shall adopt rules that set forth uniform standards for disclosure of records for research purposes;
(16)Shall have standing to appear in cases where the provisions of this chapter or part I of chapter 92 are called into question;
(17)Shall adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter; and
(18)Shall take action to oversee compliance with part I of chapter 92 by all state and county boards including:
(A)Receiving and resolving complaints;
(B)Advising all government boards and the public about compliance with chapter 92; and
(C)Reporting each year to the legislature on all complaints received pursuant to section 92-1.5. [L 1988, c 262, pt of §1; am L 1989, c 192, §10; am L 1998, c 137, §5; am L 2015, c 92, §5]