{"data":{"id":"us-ok/okla.-stat.-tit.-51-51-24a.40","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 51, § 51-24A.40","heading":"Public Access Counselor Unit — Review of denials to","body":"access public records.\n\nA. There is hereby established in the Office of the Attorney\n\nGeneral the Public Access Counselor Unit.\n\nB. A person whose request to inspect or copy a public record is\n\ndenied by a public body, except the Legislature and committees,\n\ncommissions, and agencies thereof, may file a request for review\n\nwith the Public Access Counselor not later than thirty (30) calendar\n\ndays after the date of the denial. The request for review shall be\n\nin writing on a form prescribed by the Attorney General and signed\n\nby the requester, and shall include:\n\n1. A copy of the request for access to records; and\n\n2. Any responses from the public body.\n\nC. A person whose request to inspect or copy a public record\n\nwas treated by the public body as a request for a commercial purpose\n\nmay file a request for review with the Public Access Counselor for\n\nthe limited purpose of reviewing whether the public body properly\n\ndetermined that the request was made for a commercial purpose.\n\nD. A person whose request to inspect or copy a public record\n\nhas not been returned in a prompt or reasonable manner may file a\n\nrequest for review with the Public Access Counselor.\n\nE. No person whose request to inspect or copy a public record\n\nis made for a commercial purpose may file a request for review with\n\nthe Public Access Counselor.\n\nF. Upon receipt of a request for review, the Public Access\n\nCounselor shall determine whether further action is warranted. If\n\nthe Public Access Counselor determines that the alleged violation is\n\nunfounded, they shall advise the requester and the public body and\n\nno further action shall be undertaken. In all other cases, the\n\nPublic Access Counselor shall forward a copy of the request for\n\nreview to the public body within seven (7) business days after\n\nreceipt and shall specify the records or other documents that the\n\npublic body shall furnish to facilitate the review. Within seven\n\n(7) business days after receipt of the request for review, the\n\npublic body shall fully cooperate and provide a written response to\n\nthe Public Access Counselor. To the extent that records or\n\ndocuments produced by a public body contain information claimed to\n\nbe confidential or exempt from disclosure under the Oklahoma Open\n\nRecords Act, the Public Access Counselor shall not further disclose\n\nthat information.\n\nG. 1. The Attorney General shall examine the request and\n\nresponse and shall issue to the public body or public official, or\n\nboth, an advisement in response to the request for review within\n\nsixty (60) calendar days after its receipt. Additionally, the\n\nAttorney General shall notify the requester when the office has\n\ncompleted its review.\n\n2. Upon receipt of an advisement, the public body shall either\n\ntake necessary action promptly and reasonably to comply with the\n\nOklahoma Open Records Act or shall respond to the requester. If the\n\nadvisement concludes that no additional response is required, the\n\nrequester may file suit in the proper district court against the\n\npublic body of which the request was made.\n\n3. A public body that discloses records in accordance with\n\nadvice of the Attorney General is immune from all liabilities by\n\nreason thereof and shall not be liable for penalties under this act.\n\nH. If the requester files suit under Section 24A.17 of Title 51\n\nof the Oklahoma Statutes with respect to the same denial that is the\n\nsubject of a pending request for review, the requester shall notify\n\nthe Public Access Counselor, and the Public Access Counselor shall\n\ntake no further action with respect to the request for review and\n\nshall so notify the public body.\n\nI. The Attorney General may issue advisory opinions to advise\n\npublic bodies regarding compliance with this act. A review may be\n\ninitiated upon receipt of a written request from the head of the\n\npublic body or its attorney, which shall contain sufficient accurate\nthe Public Access Counselor shall\n\ntake no further action with respect to the request for review and\n\nshall so notify the public body.\n\nI. The Attorney General may issue advisory opinions to advise\n\npublic bodies regarding compliance with this act. A review may be\n\ninitiated upon receipt of a written request from the head of the\n\npublic body or its attorney, which shall contain sufficient accurate\n\nfacts from which a determination can be made. The Public Access\n\nCounselor may request additional information from the public body in\n\norder to assist in the review. A public body that relies in good\n\nfaith on the advice of the Attorney General in responding to a\n\nrequest is not liable for penalties under this act if the facts upon\n\nwhich the advice is based have been fully and fairly disclosed to\n\nthe Public Access Counselor.\n\nJ. If the Public Access Counselor finds that a person\n\nrequesting review of an agency's action pursuant to subsections B,\n\nC, or D of this section has submitted multiple frivolous requests,\n\nthe Public Access Counselor may deny future requests for review.\n\nK. Notwithstanding any other provisions of law, the Attorney\n\nGeneral shall not be required to produce pursuant to Section 24A.5\n\nof Title 51 of the Oklahoma Statutes, the following:\n\n1. Any records provided under this section to the Office of the\n\nAttorney General by another public body;\n\n2. Any correspondence between the Office of the Attorney\n\nGeneral and the public body related to advice under this section; or\n\n3. Any work papers or product of the Office of the Attorney\n\nGeneral in carrying out the duties required by this section.\n\nL. Nothing in this section shall be construed to limit the\n\nAttorney General from enforcing or taking action regarding the\n\nOklahoma Open Records Act.","path":["OK Code","Title 51"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bfd58178315cda8d95a611b535ef8c32bf9ac989c736ad5fd2b8a26c4ee9b961","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-51-51-24a.4","next":"us-ok/okla.-stat.-tit.-51-51-24a.5"},"notice":"GroundRules: Original legal text. Not legal advice."}