Section 25152.5 Of Article 5. Standards From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 5.
25152.5
. (a) For purposes of this section, the following
definitions apply:
(1) "Unusual circumstances" means only the following:
(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 which are demanded
in a single request.
(C) The need to consult with another agency having a substantial
interest in the determination of whether to respond to the request.
(2) "Public records" means any public record, as defined in
Section 6252 of the Government Code, of the department relating to
this chapter, Chapter 6.7 (commencing with Section 25280), or Chapter
6.8 (commencing with Section 25300). "Public records" includes
unprinted information relating to this chapter, Chapter 6.7
(commencing with Section 25280), or Chapter 6.8 (commencing with
Section 25300) which is stored in data or word processing equipment
either owned by an employee and located on premises under control of
the department or owned by the department.
(b) Notwithstanding any other provision of law, the department
shall not limit the hours during the normal working day or limit the
number of working days during which public records are open for
inspection.
(c) Notwithstanding any other provision of law, the department
shall make public records which are not exempt from disclosure by
law, including Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code, promptly available to any
person, within the time limits specified in Section 6256 of the
Government Code, upon payment of a fee established by the department
to cover the direct costs of duplication, as specified in subdivision
(f). In addition, a person requesting copies by mail may be required
to pay the mailing costs.
If any portion of a record is exempt from disclosure, that part
which is not exempt shall be provided as prescribed in this section.
(d) Any person may request access to, or copies of, public records
of the department in person or by mail. A request shall reasonably
describe an identifiable record or information to be produced
therefrom.
(e) If the department determines that an unusual circumstance
exists, the department shall comply with the notification procedures
and the time limits specified in Section 6256.1 of the Government
Code.
(f) The department shall, upon request, provide any person with
the facts upon which it bases its determination of the direct costs
of copying for each page which is requested. The department shall not
impose a minimum fee for a copy of a public record which is greater
than its direct per page copying costs and the department shall not
impose limits on the types or amounts of public records which the
department will provide to persons requesting these records, upon
payment of any fees covering the direct costs of duplication by the
department.
(g) This section does not authorize the department, or any
employee of the department, to delay access for purposes of
inspecting or obtaining copies of public records, unless there are
unusual circumstances.
(h) Any denial of a request for records shall set forth in writing
the reasons for the denial and the names and titles or positions of
each person responsible for the denial. This written response shall
be provided to the requester within five working days of the denial.