(a) Open records requests. The following rules apply to requests for records under the Public Information Act, Government Code, Chapter 552.
(1) Requests must be in writing and reasonably identify the records requested.
(2) Records access will be by appointment only.
(3) Records access is available only during the regular business hours of the agency.
(4) Unless confidential information is involved, review may be by physical access or by duplication at the requestor's option. However, any person whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will be provided the option of receiving copies. Costs of duplication shall be the responsibility of the requesting party in accordance with the established fees and shall be payable at the time of receipt of records if in person or in advance if by mail.
(5) Whenthe safety of any public record is at issue, physical access may be denied and the records will be provided by duplication as previously described.
(6) All open records request appointments will be referred to the Legal Division before complying with a request.
(b) Charges for copies of public records. In accordance with Government Code, Chapter 552, the following specifies the charges the State Board of Dental Examiners will make for copies of public records. These charges are based on the full cost to the agency for providing the copies.
(1) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise. (2) Charges. (c) If a particular request may involve considerable time and resources to process, the agency may advise the requesting party of what may be involved and provide an estimate of date of completion and the charges that may result. (d) Payment for charges must be received by the State Board of Dental Examiners fromrequester before copies will be released. (e) A deposit may be required in the amount of the estimated charges if such charges are expected to exceed $100. (f) The agency has the discretion to furnish public records without charge or at a reduced charge if the agency determines that a waiver or reduction is in the public interest. (g) If the agency cannot produce the public information for inspection or duplication within ten calendar days after the date the agency received the request, the agency shall certify that fact in writing to the requester and set a date and hour within a reasonable time when the information will be available for inspection or duplication. (h) The agency may set the price for publications it publishes for public dissemination or it may disseminate them free of charge. This rule does not limit the costs of agency publications. (i) Public information requested bya member of the Texas Legislature in the performance of the member's duties shall be provided without charge.
Source Note: The provisions of this §102.2 adopted to be effective December 3, 1997, 22 TexReg 11674.