Reference Number: A notice will have several referencing numbers on its top If a representative or specific Division (e.g. Individual Income Tax Section.
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Identities of patients and emergency medical technicians in emergency medical records must be confidential pursuant to the Health Insurance Portability and Accountability Act HIPAA ; however, SC FOIA provides that the remedy for protected information is redaction not the withholding of an entire record.
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A prisoner's in-prison disciplinary record is subject to the Act. Probation and parole decisions are made by a public body subject to the Act. If held by a public body, these record would be subject to disclosure; however, professional disciplinary files may be withheld from disclosure in certain instances. Lawyers Weekly v.
Wilson S. Records of accounts with utilities that are public bodies, e. If the appraisal is incident to the purchase or sale of property by a public body the record may be withheld until a contract is entered into. If the negotiations are engaged in by correspondence, the documents would not be required to be made public until a contract is entered into. Contracts, vouchers and other records would be public.
Deeds, liens, mortgages and similar instruments conveying an estate or creating an interest must be filed to be valid. Since notice is the object of the filing, these records are public.
Records of local planning commissions and zoning boards are specifically public record. These entities are public bodies and their activities and records would be subject to the Act. School boards are public bodies and records of activities of trustee would be public records. Student educational records are subject to the confidentiality provisions of federal law. Income tax returns are excluded from the definition of a public record under SC FOIA and thus cannot be requested pursuant to a records request.
Confidential except to registrant, parent, guardian or legal representative. Marriage licenses are issued by and filed in the office of the probate judge of a county and any person may receive a certified copy. Divorce records are court records which are public, although some Family Court clerks need to be persuaded on this point.
Individual medical records are exempt from disclosure under federal law, and sexually transmitted disease records are confidential.
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Reports are required to be made to the State Department of Health and Environmental Control in instances of deaths from contagious or infectious diseases and chemical or other terrorism. The reports are to include the name and address of the patient and the nature of the disease. It is possible that the information without the patient identifying information would constitute a public record under state law.
The act does not specify who is to receive the request. As a matter of practice, go to the person who has the documents you seek, unless the agency has a designee to receive requests. Three specific public records are to be made available for inspection and copying when the requester appears at the place where the records are maintained and makes an oral request: minutes of meetings, police reports, jail logs, and all documents produced by a public body or its agent that were distributed to or reviewed by a member of the public body during a public meeting for the preceding six-month period.
For records other than those for which an in-person request will trigger their production, the act specifies that requests are to be in writing. Some public bodies will respond to written requests, but if you anticipate that you might have to resort to litigation to receive the records, make your request in writing so that there is a record of the request and the time for the public body's response begins.
Where a person requesting access to minutes of meetings, crime reports and jail logs appears in person to request access, there is no need for a written request. Oral requests are often honored by public bodies, but in many situations the body will require a written request to satisfy a deep-seated bureaucratic need for paper. A denial of access for jail logs, police reports and minutes of meetings would be a violation of the act, and the remedies available, including injunctive relief, would have application.
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If you have made an oral request for other records, the oral request may not be sufficient to trigger the timetable for a response. A better practice if you anticipate a contest over the records is to make a written request. There is no statutory procedure, but a letter to the person denying access confirming the denial would provide a starting point for litigation. There are no subsequent steps with respect to oral requests for those categories of records that are to be made available in response to oral requests. Each public body must within 10 days excluding Saturdays, Sundays and legal public holidays of the receipt of a written request for records less than months-old notify the person making the request of the agency's determination regarding the records and the reasons for the agency's position.
If the record requested is more than months-old at the time of the request, the public body has 20 days to provide a written response regarding the availability of the information, including any reliance on any statutory exemptions. If a request is granted within the above timelines, the record must be furnished or made available for inspection or copying within 30 days 35 days for records older than 24 months from when final determination or written response was provided.
If written notification is not mailed or delivered personally to the requester within the time periods above after the request is made, the request must be considered approved and the responsive records must be provided to the requester within the 30 or day time limit. If fees are required by the public body to make the requested information available, the time limit for performing that task does begin until the initial deposit not to exceed 25 percent is paid.
The records do not have to be provided until the full amount of fees are paid. The court held that a failure to respond within the statutory period meant only that the request for access to the nonexempt material had been approved. A failure to respond and provide the records within the statutory time causes the request to be granted. The stated purpose of the act is to enable citizens to learn of the activities of government at a minimum cost or delay, so a delay can be considered to be a de facto denial of access. Because the state may not give citizen to residents of the state, it is an open question whether a U.
Changes to SC FOIA in , now provide that upon filing the lawsuit, the court must schedule an initial hearing within ten days of service of the lawsuit on all parties. If the court is unable to make a final ruling regarding the alleged violations, the court must establish a scheduling order to conclude the action within 6 months of filing.
It is possible to bring suit without an attorney, but this reduces the likelihood for success unless the pro se litigant has experience in making a focused argument. Suit is authorized "to enforce the provisions" of the act. Enforcement may relate to denial of the request, applicability of claimed exemptions from disclosure, reasonableness of the fees, format of the copies provided, constraints on access for inspection, the refusal to accept a request because the entity is not a public body, or any other matter within the scope of the act.
This is the most common basis for a suit, and the method by which the public body's assertion of an exemption is tested. The Supreme Court of South Carolina has held that copy costs may not exceed the actual cost of making copies.
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Suit is subject to the South Carolina Rules of Civil Procedure and requires the filing of a summons and a complaint with allegations of fact and a request for relief. Suit must be filed and served no later than one year following the date on which the violation of the act occurred or one year after a public vote in public session when the vote discloses a previously undisclosed violation of the act. A notice of appeal must be served and filed within 30 days of receipt of the trial court order and appellant has 30 days thereafter to order a copy of the trial transcript.
Persons or organizations interested in participating as amici must seek leave of the appellate court by filing a petition. The South Carolina Press Association frequently participates as amicus in appeals under the act and advises other interested groups where a case may be appropriate for amicus participation.
The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state's highest court.
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Meetings are open to the public, including the news media. No citizenship or residency requirement is established. The meetings of public bodies, including boards and commissions of the executive branch, are subject to the act. Meetings of the governor's cabinet are subject to the act in those instances when the cabinet is convened to discuss or act upon a matter over which the Governor has granted to the cabinet, by executive order, supervision, control, jurisdiction, or advisory power.
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A meeting is the convening of a quorum of the constituent membership of a public body, so an executive branch agency such as a commission or board would meet when a quorum of the commissioners or board members gathered. All public bodies are subject to the act for records and meetings, and where a single executive acts through subordinates who act as a committee or hearing panel, those meetings are subject to the act. Burton v. The legislature is subject to the act and specific provisions apply for meetings of committees and subcommittees.
The General Assembly may enter into executive session as authorized by the state constitution and the rules of either house. Access to court proceedings is gained under state and federal constitutional provisions rather than under the act. A public body is defined to include entities supported in whole or in part by public funds or expending public funds, so the meetings of such bodies would be covered by the act. If the nongovernmental group received support from public funds or expended public funds, the entity would be subject to the act.
Membership by a governmental official in a group would not make the group subject to the act unless the group met the other qualifications. The receipt of public funds by a nongovernmental entity in exchange for goods and services will not make the nongovernmental entity a public body under the act. Palmetto Elec.
If the body meets the definition of a public body under the act, that is a body supported in whole or in part by public funds or expending public funds, it would be subject to the act. Advisory boards, commissions and quasi-governmental bodies are defined as "public bodies" under the act and are subject to its open meetings requirements.
Quality Towing, Inc v. The test to be satisfied under the act is whether the entity if it is not a governmental body is supported in whole or in part by public funds or expends public funds.