How do I file a public records request in Arizona?

1. Statute. Arizona Public Records Law, A.R.S. §§ 39-121 to 39-128. Strong common-law and statutory presumption of openness.

2. Who Can Request. Any person, including non-residents (§ 39-121.01(D)(1)). Commercial purpose requesters must declare intent (§ 39-121.03).

3. Form of Request. Oral or written; must reasonably describe records. Commercial requests must be in writing and identify the commercial purpose.

4. Agency Response Deadline. "Promptly" (§ 39-121.01(E)). No specific deadline; courts apply a reasonableness standard.

5. Fees. Actual cost for non-commercial requests—typically minimal. Commercial requesters pay a portion of the proportional cost to the agency for obtaining the original or producing the copy, plus a reasonable fee for time, materials, and equipment (§ 39-121.03(A)).

6. Exemptions. Common-law exemptions for privacy, confidentiality, and the best interest of the state (Carlson v. Pima County, 1985 balancing test). Statutory: § 13-2812 (juvenile), § 41-1604 (DOC records), HIPAA, FERPA, attorney-client privilege, attorney work product, pending investigations, certain personnel info, home addresses of officers.

7. Redaction. Agency must redact exempt portions and produce the remainder.

8. Denial & Appeal. Written explanation expected. No administrative appeal; proceed to special action in superior court.

9. Court Action. Special action under § 39-121.02. Expedited; court may award attorney fees and damages.

10. Penalties. Person who improperly denies access may be liable for actual damages, including attorney fees, sustained by the requester (§ 39-121.02(B)). Special action can compel production. Wrongful denial may also constitute official misconduct.

This is legal information, not legal advice.