Montana Public Records Law
The Montana Public Records Act is a series of laws that allow individuals to inspect and copy public records of state government agencies. These laws promote transparency in government agencies and enhance the credibility of their procedures.
Where Do I Submit a Public Record Request in Montana?
Generally, government agencies in Montana appoint a public record officer to receive public record requests and ensure that these requests are processed promptly. As such, you may submit a public record request to the public record officer of the relevant agency. Contact information of each agency's public record officer is available on the agency's official website.
In addition to submitting a public record request to the public record officer of the relevant agency, you can also submit your public record request on the Office of Public Information Request (OPIR) database. The OPIR helps government agencies that report directly to the state's governor process public record requests. These agencies include the legislative or judicial branches of state government, the state's University System, or agencies led by elected officials.
How Do I Request Public Records in Montana?
You may request public records in Montana by taking the following steps:
- Identify the agency that maintains the required record
- Contact the agency's public record officer
- Submit your request. You may be required to do this in writing and submit the request in person, mail, fax, or online forms, depending on the agency
- Pay the stipulated fees
What Records are Public in Montana?
There are various types of public records in Montana. Common examples include:
- Court Records are civil and criminal case information generated during state court proceedings. They typically include case files, motions, court orders, briefs, judgments, and transcripts.
- Property Records: These include deeds, tax property records, land use permits, and mortgages.
- Government Financial Records: These include official budgets, expenditure reports, and audit reports.
- Government Meeting Records: These include decisions and minutes of meetings.
- Administrative Records: These include valuable information related to the organization, policies, and decisions of government agencies.
Who Can Request Public Records in Montana
According to the Montana Public Records Act, any person can inspect and copy public records in Montana. The term "person", as referred to here, includes individuals, corporations, and associations.
What Is the Response Time for Public Records Requests in Montana?
In the state, there is no specific timeframe for responding to public records requests, but you can generally expect a response within five days of submitting your request. If the requested record is difficult to identify or obtain, the agency will provide an estimated timeframe for when you can expect a response, as well as any fees that may apply for the service. For records that are not easily accessible, the response time can range from 90 days to 6 months after your request has been submitted.
What Is the Fee Charged for Providing Copies of Public Records?
There are stipulated fees for copying specific types of public records in Montana. However, where a particular fee is not provided by law, government agencies can charge a fee for fulfilling public information requests. The fee must not exceed the actual cost of fulfilling the request, and it is usually calculated by considering the time required to gather the public record.
What Records Are Exempted Under the Montana Public Law?
Certain information in a public record is deemed exempt from public disclosure under the state's Public Records Act. These records typically include:
- Any information prohibited by federal law
- Medical information of individuals
- Library patron information
- Performance evaluations
- Criminal justice information
- Vehicle accident reports
- Juvenile records
- Utility customer information
- Insurance information