§92F-42 - Powers and duties of the office of information practices.
§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]