To formalize a policy for the handling of requests received by DEQ from the public under the Idaho public records statute, Idaho Code §§ 9-337, et seq. This policy and procedure shall supersede and take the place of the DEQ Policy for Handling of Public Records Requests PM03-2, dated on May 13, 2003.

Unless the persons whose names are on a list have given their consent for the list to be used as a telephone or mailing list, whenever a person submits a request to inspect or take a copy of a list that could potentially be used as a phone or mailing list, the custodian shall ask whether the list will be used as a phone or mailing list. If the response is "yes", the request shall be denied in writing. If the response is "no", then the person making the request may inspect and/or obtain a copy of the list.

Before distribution, DEQ staff shall place the following notice on any list that could potentially be used as a phone or mailing list without consent of the persons on the list: "WARNING: USE OF THIS LIST AS A MAILING LIST OR A TELEPHONE LIST IS PROHIBITED BY IDAHO CODE § 9-348 AND PUNISHABLE BY A CIVIL PENALTY UP TO $1,000."

All denials of public records requests shall be in writing and shall include reference to:

a. The specific statutory provision which is the basis for the denial;

b. The fact that there has been attorney review of the request; and

c. The requesting person's right to file an appeal within 180 days from the date of mailing of the notice of denial.

Idaho Code Section 9-338 authorizes the DEQ to establish a copying fee schedule not to exceed the actual cost to the DEQ of copying the record. The provision further provides that the actual cost to the DEQ shall not include any administrative or labor costs resulting from locating and providing a copy of the public record; provided however, that the DEQ may establish a fee to recover the actual labor cost associated with locating and copying documents if: (1) the request is for more than one hundred (100) pages; (2) the request includes records from which nonpublic information must be deleted; or (3) the actual labor associated with locating and copying documents for a request exceeds two (2) person hours. Pursuant to Idaho Code Section 9-338, the DEQ adopts the following fee schedule:

The following government entities shall not be assessed any fees under this policy: state legislators; federal agencies (including the U.S. Environmental Protection Agency); other state agencies (including departments, divisions, bureaus, commissions, boards); cities and counties; school districts; health districts; and state funded colleges and universities.

a. The inability to pay; or

b. That the public's interest or the public's understanding of the operations or activities of government or its records would suffer by the assessment or collection of any fee.

Factors which shall be considered in evaluating whether a requestor has demonstrated an inability to pay a fee assessed for access to public records include:

a. The extent to which the requestor will receive an economic benefit by using the requested information; and

b. The financial assets and debts of the person requesting the waiver.

Factors which shall be considered in evaluating whether a requestor has demonstrated that a public interest waiver is warranted include:

a. Whether the subject of the requested records concerns government operations or activities;

b. Whether the requested records would contribute to the public's interest or understanding of those operation or activities;

c. The requestor's identity;

d. The purpose for which the requestor intends to use the information;

e. Whether the requestor will disseminate the information to the public;

f. Whether disclosure of the record would benefit the broader public interest or understanding, not merely the private interests of the requestor;

g. Whether the requested record is already in the public domain; and

h. Whether the fee requirement inhibits the requestor's ability to obtain the records.

Intra-Office Handling of Requests: A public records search for records which might be within the scope of a public records request will be conducted only at the DEQ Office to which the request is addressed unless 1) the DEQ person handling the request has reason to believe that there are DEQ records within the scope of the request located at another DEQ office, or 2) the request specifically asks for the records at another DEQ office.

All requests for personnel information shall be routed through DEQ's Human Resources Unit.