If a governmental body seeks to redact or withhold information responsive to an open records request, the governmental body must seek a decision from the Office of the Attorney General. Requestors may send a letter to the Office of the Attorney General arguing for release of the requested information.
Full Answer
When to file a cost complaint with the Texas Open Records division?
Additionally, a cost complaint must be received by the Open Records Division within 10 business days after the person becomes aware of the alleged overcharges. If a cost complaint is not received within the required time frame, the complaint will be dismissed as required by section 70.8 (b) (4) of the Texas Administrative Code.
How do I file an open records complaint?
Please fill out this online form to file your open records complaint with the Open Records Division of the Office of the Attorney General. All complaints must be based on requests submitted to a governmental body under the Public Information Act.
How do I file a complaint with Texas Open government hotline?
If you need assistance with the form, please call the Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) OPEN TEX (673-6839). This form includes several required fields which must be completed in order for your complaint to be accepted through the website.
How do I file a complaint with the Attorney General?
Filing a Complaint with the Attorney General Find your state office. Locate the online complaint form. Fill in the personal information. Describe the transaction. Explain what was wrong with the product or service. List any action you have taken. Notify if you have hired a lawyer. Explain what you are seeking. Attach necessary documentation.
How long does the Attorney General have to issue a decision?
The Attorney General must issue a decision no later than the 45th working day from the day after the Attorney General received the request for a decision. The Attorney General may request an additional 10 working day extension. Governmental bodies may not ask the Attorney General to "reconsider" an opinion. C.
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.
What is the Texas government code?
Texas Government Code, Chapter 552 , gives you the right to access government records, and an officer for public information and the officer’s agency 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. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, and information for which an exception to disclosure has not been sought.
Can a requestor request a redacted copy of a request?
Requestors may send a letter to the Attorney General arguing for release, and may review arguments made by the governmental body. If the arguments disclose the requested information, the requestor may obtain a redacted copy.
What is the Open Records Division?
The Open Records Division issues rulings and decisions that determine whether information is open to the public under the Public Information Act and other applicable laws. This division also takes action to enforce these decisions and sponsors conferences to educate citizens and government officials about the state's open government laws.
Where are the statutory requirements for public information?
The statutory requirements that apply to governmental bodies that have received requests for public information can be found in the Public Information Act, which is codified at chapters 552 of the Government Code.
What is the purpose of an open government?
The Attorney General is responsible for ensuring that Texas government is open and accessible to all citizens. The Open Records Division of the Office of the Attorney General issues rulings and decisions that determine whether information is open to the public under ...
How to file a complaint against a state?
To file a complaint, visit your state's Attorney General's website, locate the online complaint form, fill it out and attach the necessary documents, and then mail it to the Attorney General's office address. Each state designates an agency to handle consumer complaints of fraud, deception, or unfair business practices.
How to fill out a hard copy of a contract?
If you want to fill out a hard copy, there should be a form that can be downloaded and then printed. Fill in the personal information. Include your name, address, and contact information (phone and email), as well as the name and contact information of the seller or service provider. Describe the transaction.
What to do if you have been victim of fraud?
If you have been the victim of fraud or deception, you should file a complaint with the attorney general . A complaint is a formal written document filed by a party seeking legal relief by outlining the allegations, details, remedies, and parties involved. The process for filing includes gathering paperwork, contacting various involved parties, ...
How to get a consumer protection certificate?
1. Find your state office. Type the name of your state and “consumer protection” into a search engine. The attorney general’s website for your state should come up near the top of the search results. If you are taken to the attorney general’s main page, look for a link for “consumer protection.”. Click on it.
Do you have to contact a business before filing a complaint?
Contact the business or individual to resolve the issue. Many states require or strongly recommend that you contact the business before filing a complaint. Tennessee, for example, requires that you contact the business first. On the other hand, Delaware makes no mention of contacting the business first.
What happens if a commission investigates a criminal case?
If an allegation related to the Commission's jurisdiction is investigated and sufficient evidence is developed to determine that a criminal offense has occurred, the Commission may proceed with criminal charges and/or disciplinary action on the subject's license as appropriate.
What is a TCOLE complaint?
The Commission (T COLE) does not have direct authority to investigate complaints against law enforcement officers or agencies except in cases where a violation of law or rule occurs related to licensing, training, certification, appointment, or other related standard; or upon conviction of or placement on court-ordered supervision or probation for a covered criminal offense. Examples of non-jurisdictional complaints include rudeness, unprofessional conduct, and improper investigations. For non-jurisdictional matters, please direct your complaint to the agency holding the licensee's appointment. If you believe your complaint has been unanswered or handled improperly at the departmental level, you may contact the governing body that oversees the agency, such as the city manager, the school board, or the county commissioner's court.
How to contact the California Attorney Referral Service?
The Lawyer Referral Service can be reached at (800) 252-9690. A jurisdictional complaint for which the Commission may investigate includes; violations of law or rules that relate to the licensing, training, certification, appointment of a license holder, or the conviction or placement on deferred adjudication of a license holder for ...
What are non-jurisdictional complaints? What are some examples?
Examples of non-jurisdictional complaints include rudeness, unprofessional conduct, and improper investigations. For non-jurisdictional matters, please direct your complaint to the agency holding the licensee's appointment.
What happens if you violate Chapter 1701?
If sufficient information is obtained during a preliminary investigation to indicate that a violation of Chapter 1701, Texas Occupations Code, Commission rules, or another applicable law relating to the Commission's mission has occured, an administrative or criminal case will be opened by the enforcement division.
Who reviews complaints against TCOLE?
Complaints are reviewed by investigators who are commissioned by TCOLE as peace officers.
Is a deferred adjudication for driving while intoxicated a Class B misdemean
This is a jurisdictional complaint because conviction or placement on deferred adjudication for driving while intoxic ated is a covered criminal offense (Class B Misdemeanor) for which the Commission may take action on Officer Smith's peace officer license.
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.
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.
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.
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.
Rights of Requestors
- You have the right to: 1. Prompt access to information that is not confidential or otherwise protected; 2. Receive treatment equalto all other requestors, including accommodation in accordance with Americans with Disabilities Act (ADA) requirements; 3. Receive certain kinds of information without exceptions, like the voting record of public officia...
Responsibilities of Governmental Bodies
- All governmental bodies responding to information requests have the responsibility to: 1. Establish reasonable proceduresfor inspecting and copying public information and to inform requestors of these procedures; 2. Treat all requestors uniformly and provide the requestor all reasonable comfort and facility, including accommodation in accordance with ADA requirement…
Procedures to Obtain Information
- Submit a request by mail or email, in person or by any other appropriate method approved by the governmental body.
- Include enough description and detail about the information requested to enable the governmental body to accurately identify and locate the items requested.
- Cooperate with the governmental body's reasonable efforts to clarify the type or amount of in…
- Submit a request by mail or email, in person or by any other appropriate method approved by the governmental body.
- Include enough description and detail about the information requested to enable the governmental body to accurately identify and locate the items requested.
- Cooperate with the governmental body's reasonable efforts to clarify the type or amount of information requested.
Statutory Requirements
- The statutory requirements that apply to governmental bodies that have received requests for public information can be found in the Public Information Act, which is codified at chapters 552 of the Government Code. Within 10 business days of receiving the request for information, a governmental body must submit: To the Attorney General: 1. Must ask for Attorney General deci…
Contact Information and Mailing Address
- Governmental bodies should send their requests for open records letter ruling to the OAG by US Mail to: Office of the Attorney General Open Records Division P.O. Box 12548 Austin, TX 78711
Practical Tips on Writing Effective Briefs to The Open Records Division
- The Public Information Handbookpublished by this office is your primary resource in writing effective briefs to the Open Records Division.
- Follow the standards set forth in the Handbook to meet the requirements of your claimed exceptions. For example, if claiming exception under section 552.103 (the "litigation exception"), you must e...
- The Public Information Handbookpublished by this office is your primary resource in writing effective briefs to the Open Records Division.
- Follow the standards set forth in the Handbook to meet the requirements of your claimed exceptions. For example, if claiming exception under section 552.103 (the "litigation exception"), you must e...
- Be sure to explain everything in your briefing. Assume your audience knows absolutely nothing about the situation at hand. If it is not abundantly clear, accurately and adequately describe the subm...
- Please DO NOT redact the documents that you are submitting for review. If we can't read them, we can't rule on them.
Divisions of The Office of The Attorney General
- The following divisions of the Office of the Attorney General are involved in the effort to ensure that Texas government is open to the people it serves.
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