§92F-42  Powers and duties of the office of
information practices.  The director of the office of information
practices:



(1)  Shall, upon request, review and rule on an agency
denial of access to information or records, or an agency's granting of access; provided
that any review by the office of information practices shall not be a contested
case under chapter 91 and shall be optional and without prejudice to rights of
judicial enforcement available under this chapter;



(2)  Upon request by an agency, shall provide and make
public advisory guidelines, opinions, or other information concerning that
agency's functions and responsibilities;



(3)  Upon request by any person, may provide advisory
opinions or other information regarding that person's rights and the functions
and responsibilities of agencies under this chapter;



(4)  May conduct inquiries regarding compliance by an
agency and investigate possible violations by any agency;



(5)  May examine the records of any agency for the
purpose of paragraph (4) and seek to enforce that power in the courts of this
State;



(6)  May recommend disciplinary action to appropriate
officers of an agency;



(7)  Shall report annually to the governor and the
state legislature on the activities and findings of the office of information
practices, including recommendations for legislative changes;



(8)  Shall receive complaints from and actively
solicit the comments of the public regarding the implementation of this
chapter;



(9)  Shall review the official acts, records,
policies, and procedures of each agency;



(10)  Shall assist agencies in complying with the
provisions of this chapter;



(11)  Shall inform the public of the following rights
of an individual and the procedures for exercising them:



(A)  The right of access to records pertaining
to the individual;



(B)  The right to obtain a copy of records
pertaining to the individual;



(C)  The right to know the purposes for which
records pertaining to the individual are kept;



(D)  The right to be informed of the uses and
disclosures of records pertaining to the individual;



(E)  The right to correct or amend records
pertaining to the individual; and



(F)  The individual's right to place a
statement in a record pertaining to that individual;



(12) Shall adopt rules that set forth an administrative
appeals structure which provides for:



(A)  Agency procedures for processing records
requests;



(B)  A direct appeal from the division
maintaining the record; and



(C)  Time limits for action by agencies;



(13)  Shall adopt rules that set forth the fees and
other charges that may be imposed for searching, reviewing, or segregating
disclosable records, as well as to provide for a waiver of fees when the public
interest would be served;



(14)  Shall adopt rules which set forth uniform
standards for the records collection practices of agencies;



(15)  Shall adopt rules that set forth uniform
standards for disclosure of records for research purposes;



(16)  Shall have standing to appear in cases where the
provisions of this chapter are called into question;



(17)  Shall adopt, amend, or repeal rules pursuant to
chapter 91 necessary for the purposes of this chapter; and



(18)  Shall take action to oversee compliance with part
I of chapter 92 by all state and county boards including:



(A)  Receiving and resolving complaints;



(B)  Advising all government boards and the
public about compliance with chapter 92; and



(C)  Reporting each year to the legislature on
all complaints received pursuant to section 92-1.5. [L 1988, c 262, pt of §1;
am L 1989, c 192, §10; am L 1998, c 137, §5]