How do I file a public records request in Ohio?
1. Statute. Ohio Public Records Act, Ohio Rev. Code § 149.43. Liberally construed; exemptions strictly construed.
2. Who Can Request. Any person—no residency requirement; no need to identify oneself or state a purpose (§ 149.43(B)(4)–(5)).
3. Form of Request. Oral or written; no specific form required. Must identify the records with reasonable clarity. Agency may ask for clarification or written confirmation but cannot require it.
4. Agency Response Deadline. "Within a reasonable period of time" (§ 149.43(B)(1)). No fixed deadline, but courts have found delays of several weeks unreasonable in routine cases.
5. Fees. Actual cost of duplication only (§ 149.43(B)(1))—typically $0.05 per page. No search or labor fees. Electronic records on a flash drive or by email at minimal cost.
6. Exemptions. § 149.43(A)(1): medical records, trial preparation records, confidential law enforcement investigatory records (CLEIR), attorney-client privileged records, intellectual property, infrastructure records, juvenile records, victim information, social security numbers.
7. Redaction. Agency must redact exempt portions and provide the rest (§ 149.43(B)(1)).
8. Denial & Appeal. Agency must explain the denial in writing if requested, citing the specific exemption (§ 149.43(B)(3)). No administrative appeal; proceed to court.
9. Court Action. Mandamus in Court of Claims (§ 2743.75, expedited mediation) or in the court of appeals/Supreme Court (§ 149.43(C)). Court of Claims process is fast and low-cost.
10. Penalties. Statutory damages of $100 per business day, capped at $1,000, available if request was hand-delivered or sent by certified mail and the agency failed to comply (§ 149.43(C)(2)). Reasonable attorney fees recoverable in court of appeals/Supreme Court mandamus actions.
This is legal information, not legal advice.
- Agency refuses to produce or invokes broad CLEIR exemption
- You want to file in the Court of Claims under § 2743.75 for expedited review
- Records involve police body-camera footage or BCI investigations
- Ohio Rev. Code § 149.43 (Public Records Act)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.