§ 44:32 — Duty to permit examination; prevention of alteration; payment for overtime; copies

Louisiana § 44:32

• Jurisdiction: Louisiana
• Title 44: Public Records and Recorders

Text

§32. Duty to permit examination; prevention of alteration; payment for overtime; copies
provided; fees
A.(1) The custodian shall present any public record to any person of the age of
majority who so requests. The custodian shall make no inquiry of any person who applies
for a public record, except an inquiry as to the age and identification of the person and may
require the person to sign a register and shall not review, examine, or scrutinize any copy,
photograph, or memoranda in the possession of any such person; and shall extend to the
person all reasonable comfort and facility for the full exercise of the right granted by this
Chapter; provided that nothing herein contained shall prevent the custodian from maintaining
such vigilance as is required to prevent alteration of any record while it is being examined;
and provided further, that examinations of records under the authority of this Section must
be conducted during regular office or working hours, unless the custodian shall authorize
examination of records in other than regular office or working hours. In this event the
persons designated to represent the custodian during such examination shall be entitled to
reasonable compensation to be paid to them by the public body having custody of such
record, out of funds provided in advance by the person examining such record in other than
regular office or working hours. The custodian shall be permitted to make an inquiry
regarding the specificity of the records sought by the applicant if, after review of the initial
request, the custodian is unable to ascertain what records are being requested.
(2) If the custodian reasonably determines that the request would substantially
disrupt required government operations, the custodian may deny access only after reasonable
attempts to narrow or specify the request with the requestor.
B. If any record contains material which is not a public record, the custodian may
separate the nonpublic record and make the public record available for examination.
C.(1)(a) For all public records, except public records of state agencies, it shall be the
duty of the custodian of the public records to provide copies to persons so requesting, unless
the requestor fails to pay the applicable copying fees after being notified of the amount in
advance of production or the requestor has an outstanding balance from a prior request. The
custodian may establish and collect reasonable fees for making copies of public records,
which may include the transmission of electronic copies of public records. Any custodian
who elects to establish and collect such fees shall establish a reasonable fee schedule and
post the schedule where it can be readily accessed by the public. The custodian may request
payment of fees in advance of production. Copies of records may be furnished without
charge or at a reduced charge to indigent citizens of this state.
(b) For all public records in the custody of a clerk of court, the clerk may also
establish reasonable uniform written procedures for the reproduction of any such public
record. Additionally, in the parish of Orleans, the recorder of mortgages, the register of
conveyances, and the custodian of notarial records may each establish reasonable uniform
procedures for the reproduction of public records.
(c) The use or placement of mechanical reproduction, microphotographic
reproduction, or any other such imaging, reproduction, or photocopying equipment within
the offices of the clerk of court by any person described in R.S. 44:31 is prohibited unless
ordered by a court of competent jurisdiction.
(d) Any person, as provided for in R.S. 44:31, may request a copy or reproduction
of any public record and it shall be the duty of the custodian to provide such copy or
reproduction to the person so requesting.
(2)(a) For all public records of state agencies, it shall be the duty of the custodian of
such records to provide copies to persons so requesting, unless the requestor fails to pay the
applicable copying fees after being notified of the amount in advance of production or the
requestor has an outstanding balance from a prior request. Fees for such copies shall be
charged according to the uniform fee schedule adopted by the commissioner of
administration as provided by R.S. 39:241 or as otherwise fixed or provided by law. Copies
of records may be furnished without charge or at a reduced charge to indigent citizens of this
state or the persons whose use of such copies, as determined by the custodian, will be limited
to a public purpose, including but not limited to use in a hearing before any governmental
regulatory commission.
(b) Copies of records held by a public postsecondary education institution shall be
furnished without charge to any student-produced media outlet that is affiliated with the
institution and that is funded in whole or in part by fees levied by the institution or by
students enrolled at the institution.
(3) No fee shall be charged to any person to examine or review any public records,
except as provided in this Section, and no fee shall be charged for examination or review to
determine if a record is subject to disclosure, except as may be determined by a court of
competent jurisdiction.
D. In any case in which a record is requested and a question is raised by the
custodian of the record as to whether it is a public record, such custodian shall within five
days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of the request,
in writing for such record, notify in writing the person making such request of his
determination and the reasons therefor. Such written notification shall contain a reference
to the basis under law which the custodian has determined exempts a record, or any part
thereof, from inspection, copying, or reproduction.

Legislative History

Amended by Acts 1968, No. 473, §1; Acts 1978, No. 686, §1; Acts 1981, No. 933, §2; Acts 1989, No. 404, §1, eff. June 30, 1989; Acts 1995, No. 372, §2, eff. July 1, 1995; Acts 1999, No. 1154, §1; Acts 2004, No. 759, §1; Acts 2005, No. 193, §2; Acts 2016, No. 525, §1; Acts 2022, No. 337, §1, eff. June 10, 2022; Acts 2022, No. 770, §1; Acts 2023, No. 247, §1; Acts 2024, No. 411, §1.