Georgia Open Records: The Three Day Clock

A Georgia agency has three business days to respond to an open records request. You file it by writing to the agency that keeps the record, describing what you want clearly enough to be found, and agreeing in advance to pay reasonable copying costs. The response can be the records themselves, a denial with a legal reason, or a notice that more time is needed.

How do I file an open records request with a Georgia agency?

Georgia's Open Records Act, at O.C.G.A. 50-18-70 and following, puts the duty on the agency that holds the record, not on a central office. There is no single state form and no filing fee. You write to the records custodian of the specific office, by email or letter, and you keep it short.

A workable request names the record, not the story. "All incident reports filed at the Chatham County animal control office between January 1 and March 31 of this year" is a request. "Everything about dog bites in my neighborhood" is not, and an agency can push back on it as too vague or too broad.

Include four things: your name, a way to reach you, a description of the records, and a statement that you will pay copying costs up to a stated amount. That last line matters. If you do not address costs, the agency may treat the request as incomplete and the clock may not start.

You do not have to say why you want the records. Georgia law does not require a purpose, and an agency cannot demand one as a condition. If you are a reporter, a resident, or a dog owner checking on a kennel permit, the request reads the same.

If you are not sure which office holds the document, the state publishes a directory of agencies and their records officers, and a general guide to the process is available at Georgia open records request, which maps the offices that hold state and local records. When in doubt, send the request to the custodian and ask the office to forward it if the record belongs elsewhere. Agencies are not required to forward, but many do.

How long does a Georgia agency have to respond to an open records request?

Three business days. That is the default under Georgia law, counted from the day the agency receives a request that is specific enough to act on and that addresses costs.

The three days are not a deadline to hand over the records. They are a deadline to respond, and the response can take one of three forms:

• The records are produced, or a link is provided.
• The request is denied in whole or in part, with the specific exemption cited and the name of the person who made the decision.
• The agency gives written notice that the request will take longer, states why, and gives a date when the records will be available.

That third option is the one that stretches. An agency can extend the time when the records are in active use, in storage, or require redaction, and it must tell you in writing within the first three days. A common extension is up to 30 days, and for records that need extensive review the agency can ask for more.

If the agency simply goes quiet, the law gives you a path. You can file a complaint with the Attorney General's office, or you can sue in superior court to compel production. A court can award attorney's fees and a civil penalty of up to $1,000 for a knowing and willful violation. That penalty is the teeth behind the three day clock.

One practical note: the clock starts when the right person receives the request. Sending it to a general inbox on a Friday afternoon may push the start to Monday. Send it to the named records custodian when the agency publishes one.

What copy fees can a Georgia agency charge for public records?

Georgia lets agencies charge for the actual cost of copying, and it caps the charge for letter and legal sized paper at 10 cents per page. That cap applies to standard black and white copies on ordinary paper.

Other charges are allowed when they reflect real cost:

• Color copies, oversized prints, and scans can cost more, but the agency has to show the cost is actual.
• A USB drive, a disc, or postage can be billed at cost.
• Staff time for search and redaction is generally not chargeable for a simple request, but an agency may charge for the time spent on a request that is unusually large or that requires legal review, and it must tell you the estimate first.

What an agency cannot do is use fees as a wall. It has to give you an estimate before it runs up a bill, and you can narrow the request to bring the cost down. If the estimate is high, ask for the records in electronic form, ask for a sample, or ask to inspect the records in person and copy only what you need.

You can also ask for a fee waiver. Georgia law allows an agency to waive or reduce fees when the request serves the public interest, and many agencies will do it for a request that will be published or used in research. There is no right to a waiver, but there is no harm in asking.

What can a dog owner actually obtain?

More than most people expect, and less than a police file. The Open Records Act covers records, not investigations, and it covers state and local agencies, not private businesses.

For a dog owner in Georgia, the useful targets are usually these:

• Animal control incident reports, bite reports, and call logs, which show dates, addresses, and dispositions.
• Kennel, breeder, and rescue permits filed with a county or city, including inspection notes.
• Citations issued under local animal ordinances, and the disposition of those citations in municipal or state court.
• Records from the Georgia Department of Agriculture, which licenses pet dealers and animal shelters and holds inspection reports.
• Emails and internal memos of a county commission or a city council about an animal ordinance, if you can describe them narrowly.

What you will not get: veterinary records held by a private clinic, a private rescue's internal files, or the identity of a person who filed a complaint if the agency determines that disclosure would invade personal privacy. Georgia's law has a privacy exemption, and agencies apply it to complainant names more often than to the substance of a complaint.

If your goal is to know whether a kennel near you has a history of violations, start with the county animal control office and the Department of Agriculture, in that order. Ask for the permit file and the inspection reports by address. Those two requests usually answer the question.

What to do when the response is late or thin

Document everything. Keep the sent email, the delivery time, and every reply. If the three day window passes with no response, send a short follow up that states the date of the original request and asks for a written response within three business days.

If the agency denies the request, read the citation. A denial has to name the exemption and the person responsible. If it does neither, the denial is defective, and you can say so in writing and ask for reconsideration.

If you are still stuck, the Attorney General's open government mediation program is free and often resolves these disputes without a lawsuit. It is not a court, and it cannot order an agency to produce, but it does get answers. For a request that matters, that is usually the fastest route.

One last habit: ask for records in the form you can use. A searchable PDF or a spreadsheet is worth more than a stack of paper, and it costs the agency less to produce. Say so in the request, and you save both sides time and money.