how many days does government have to request attorney general opinion tpia

How long does the Attorney General have to issue a decision?

A copy of the written request. Section 552.301(e)(1)(B). A signed statement stating the date the request for information was received by the governmental body or evidence sufficient to establish the date the request was received. Section 552.301(e)(1)(C). Copies of the documents at issue or a representative sample of the documents at issue.

How long does it take to write a legal opinion?

How Much Time Do You Have to Request a Decision from the Attorney General? Gov’t Code §552.301(a)-(b) If you wish to withhold information from the requestor, you must request a decision from the OAG not later than 10th business day after the date of receiving the public information request. You must request a decision within 10 business days,

Can a public official request a formal opinion from the Attorney General?

Administration of Public Information Requests .............. 8 A.Timing Issues under the Public Information Act ........................... 8 14. How much time does a city generally have to release requested information?8 15. What happens if after informing the …

When did the Attorney General stop issuing letter opinions?

1. Seek an attorney general decision within ten business days of its receipt of your request and state the exceptions to disclosure that it believes are applicable. The governmental body must also send you a copy of its letter to the attorney general requesting a …

How many days does a state agency in Texas have to respond to a request for a government record?

within 10 daysCost of Records You must respond to any written estimate of charges within 10 days of the date the governmental body sent it or the request is considered automatically withdrawn.

How long does a governmental body have to provide records under the Texas Public Information Act?

The governmental body must comply with the specific requirements of the 108 PD, including the requirement that at least basic information be released within five business days of receiving the request.

What is a request for ruling?

Request for Ruling means a written request by a Party to the EISC or EIRB for a Ruling or order in a Proceeding.

Which office is responsible for responding to requests for information that fall under the Texas Public Information Act?

the Office of the Attorney GeneralPlease submit your request: You may also contact the Office of the Attorney General, Open Government Hotline, at 512-478-6736 or toll-free at 1-877-673-6839.

How long do you have to respond to an open records request in Texas?

within 10 business daysGenerally, the OCCC will respond or fill your request within 10 business days.

How do I request public records in Texas?

How do I submit a Public Information Request?Submit an online Public Information Request. OR.Submit a written request using our. Public Information Request Form or a self-composed request in any legible format by: Emailing to [email protected]. Faxing to 512-239-OPEN (6736). Mailing to:

How long does it take to get a private letter ruling?

within 60-90 daysThe IRS generally completes ruling requests within 60-90 days, although the process can take significantly longer if multiple branches of the IRS need to review the ruling or if there are other extenuating circumstances.

What is considered public record in Texas?

Public information refers to information collected, assembled, produced, or maintained in connection with transacting public business. It may be on paper, film, media, or electronic communications such as emails, internet postings, text messages, or instant messages. Texas Government Code 552.002.Nov 15, 2021

Are personnel files public record in Texas?

Texas law does not require an employer to allow an employee to access his or her personnel file (exception: public employees may request copies of their personnel file documents under the Public Information Act) - however, most companies allow supervised access and copying of contents at the employee's cost - a company ...

Are police records public information Texas?

Law Enforcement Generally, the front page of a police report is public. Records that would hinder the investigation or prosecution of a crime if they are released are exempt from disclosure.Mar 21, 2017

How long do you have to withhold information from an OAG?

If you wish to withhold information from the requestor, you must request a decision from the OAG not later than 10thbusiness day after the date of receiving the public information request .

What is representative government?

(a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law , at all times to complete information about the affairs of government and the official acts of public officials and employees. . . The provisions of this chapter shall be liberally construed to implement this policy.

When do you have to notify the Attorney General of a request?

By the 10th business day after a governmental body receives your written request, a governmental body must: request an Attorney General opinion and state which exceptions apply; notify the requestor of the referral to the Attorney General; and. notify third parties if the request involves their proprietary information.

What is the Texas Public Information Act?

The Public Information Act. Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information.

What are the responsibilities of government agencies?

All governmental bodies responding to information requests have the responsibility to: Establish reasonable procedures for inspecting or copying public information and inform requestors of these procedures;

How to contact Travis County?

In Travis County, you may contact: the County Attorney: 512-854-9415. the District Attorney: 512-854-9400. You may also contact: the Office of the Attorney General. Open Records Hotline.

What are the rights of requestors?

You have the right to: Prompt access to information that is not confidential or otherwise protected; Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements;

Where to file a complaint against a state agency?

If the complaint is against the county or district attorney, the complaint must be filed with the Office of the Attorney General.

Is government information public?

All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception ...

What happens if the governmental body does not timely request an attorney general decision?

If the governmental body does not timely request an attorney general decision, notify you that it is seeking an attorney general decision, and submit to the attorney general the information you requested, the information is generally presumed to be open to the public. When an Attorney General Decision is Issued.

How long does it take for a government agency to send a letter to the Attorney General?

The governmental body must also send you a copy of its letter to the attorney general requesting a decision within ten business days. If the governmental body does not notify you of its request for an attorney general decision, the information you requested is generally presumed to be open to the public. 2.

What is the phone number for the Open Government?

If you have questions about a decision you have received, you may call the Open Government Hotline toll free at (877) 673-6839 (877-OPENTEX). If the decision requires the governmental body to release certain information to you, the governmental body must do one of three things: 1.  release the information to you; 2.

What is the phone number for the Texas Attorney General?

If you have questions about charges for the information you have requested, contact the Open Government Cost Hotline for the Office of the Attorney General at (512) 475-2497. Public Information Request.

Does the OAG send you a copy of the ruling?

At that time, The OAG will send you a copy of the ruling.  The OAG will also send the governmental body a copy of the decision, as well as the information that you requested. If the decision requires that some or all of the information be released to you, the governmental body will send you the information.

How long does it take to write an opinion?

It generally takes several months to write an opinion. For a variety of reasons, it is often not possible to accurately predict when a particular opinion will be published. The Attorney General’s Office is not in a position to expedite formal legal opinions at this time.

Who can give opinions to the state?

The Attorney General may provide opinions to the state's constitutional officers, which are the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commissioner, Superintendent of Public Instruction, and Insurance Commissioner. Opinion requests from the office of a constitutional officer must indicate ...

What is a 12519 opinion?

Government Code section 12519 states that opinions will be provided on "questions of law." Requests that require factual investigations or that would require the resolution of a factual despite are declined. Requests for advice, or for policy determinations, are also declined.

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

What does the Attorney General do?

The Attorney General interprets this as permitting opinions to be provided to state-level departments, agencies, boards, and commissions. This does not include local agencies, even when the local agency has been organized under state statutes.

Why does the Attorney General decline a request?

Occasionally, the Attorney General declines a request because it presents a conflict of interest with respect to other legal matters that the Attorney General’s Office may be involved in. 6.

What does an opinion request from the office of a constitutional officer mean?

Opinion requests from the office of a constitutional officer must indicate that the question is approved by and made on behalf of the constitutional officer. If the request is made by a deputy or assistant, inquiry will be made to verify that it is authorized by the constitutional officer.

What is an attorney general opinion?

Attorney General Opinions. Upon request by certain Texas government officials, the attorney general issues written interpretations of state law. Opinions do not address factual matters nor do they create or amend existing laws. While considered persuasive, they are not binding. Interpretation of state law is left to the courts.

What is a letter opinion?

Letter Opinions. The attorney general previously issued “letter opinions .”. While they carry the same force and effect as a formal opinion, letter opinions concerned non-controversial issues, issues that affected a particular group, or issues local in nature.

What is an open record decision?

The Public Information Act allows governmental bodies to request a decision from the attorney general regarding whether requested information may be withheld under one of the exceptions permitted by law. Open records decisions are online .

What is the most appropriate use of an attorney general opinion?

The most appropriate use for an Attorney General Opinion is to clarify the interpretation of statutes whose meaning is in dispute or doubt, or which appear to be inconsistent with other state laws. Questions concerning the validity of existing or proposed regulations (WACs) are also appropriate.

Who reviews the Washington State formal opinion?

Each formal opinion is carefully drafted by the assigned attorney, reviewed by the Opinions Editor, at least one other Assistant Attorney General and, finally, the Attorney General. During the process, the opinion may be revised several times. Notice of pending formal opinion requests is published in the Washington State Register.

What is informal opinion?

Informal opinions are letters that present the considered legal analysis of the Assistant Attorneys General who write them. They also often reflect a consensus of the legal analysis of other staff involved in preparing the informal opinion. They are not personally approved by the Attorney General.

What is the phone number for the Washington State Attorney General?

If you need to receive the information in this brochure in an alternate format, please call (206) 464-6684. The hearing impaired may call 1-800-833-6388 statewide. Published by the Washington State Attorney General’s Office.

What is the job of the Attorney General of Washington?

The Attorney General is the constitutional legal adviser to state officers. The specific duties of the office include: Representing the State of Washington in the courts in all cases in which the state is interested. Defending the state and its agencies and employees when acting in their official capacities.

Is the Attorney General's Office a formal opinion?

They are not personally approved by the Attorney General. The majority of legal advice given by the Attorney Generalʼs Office in response to requests for opinions consists of informal opinions. Formal opinions typically are reserved for highly important issues of broad public significance.

Is the Washington Attorney General's opinion binding?

Issuing Attorney General Opinions is just one of the duties of the Washington Attorney General, as the constitutional legal adviser to state officers. Formal opinions issued by the Office ...

Rights of Requestors

• You have the right to: 1. Prompt access to information that is not confidential or otherwise protected; 2. Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements; 3. Receive certain kinds of information without exceptions, like the voting record of public officials, and other informatio…

See more on comptroller.texas.gov

Responsibilities of Governmental Bodies

Procedures to Obtain Information

Information to Be Released

Cost of Records

Information That May Be Withheld Due to An Exception

Complaints