📄 Idaho FOIA / Public Records Letter Generator

Idaho Public Records Act — Quick Reference

Core right (§74-102)

§74-102(1) — Every person has the right to examine and copy any public record, with a presumption that records are open. The act does not require a reason for a request; under §74-102(5) the custodian may only ask questions to verify identity, to check against prohibited mailing or telephone lists, or to protect personal information.

§74-102(4) — The agency may require a written request with name, mailing address, email, phone and a sworn statement of whether you are an Idaho resident.

§74-112 — If part of a record is exempt, the agency must separate it and release the nonexempt part.

§74-102(15) — An agency may provide an electronic copy of a record kept electronically when you specifically ask for one.

§74-102(10) — Idaho residents pay nothing for the first 100 pages or the first 2 hours of labor. Beyond that, fees may not exceed actual cost and must be itemized (no lump sums). Fees are waived under (10)(f) for a request that significantly helps public understanding of government, is not mainly in your own interest, and would not be made if fees were charged.

Deadlines (§74-103)

3 working days — the agency must grant or deny (21 days for nonresidents).

10 working days — if more time is needed to locate or retrieve records, the agency must say so in writing and provide them no later than 10 working days after the request (35 days for nonresidents).

No answer = denied — §74-103(3). A denial must be written, cite its legal authority and state your appeal rights (§74-103(4)-(5)).

180 calendar days — under §74-115, a petition must be filed within 180 calendar days of the date the denial was mailed.

Enforcement

§74-115 — petition in the district court of the county where the records are kept. The court sets hearings at the earliest possible time, no later than 28 days after filing.

§74-116(2) — costs and attorney fees go to the prevailing party when the request or the refusal was frivolously pursued.

§74-117 — civil penalty up to \$1,000, paid to the general fund, against a public official the court finds deliberately and in bad faith refused a legitimate request.

Exemption categories

• §74-104 — Records exempt under other state or federal law; court files of judicial proceedings; certain Office of Administrative Hearings and Judicial Council records.
• §74-105 — Law enforcement and investigatory records of agencies (the agency must show a likely harm from release); evacuation and emergency response plans; certain worker's compensation records.
• §74-106 — Personnel records, personal information, health records, and professional discipline records (exceptions keep things like job title, pay and dates of employment public).
• §74-107 — Trade secrets, production records, appraisals, bids before opening, proprietary information, tax commission records, unclaimed property, petroleum clean water trust fund records.
• §74-108 — Archaeological and endangered species site information, library patron records, licensing exam materials.
• §74-109 — Draft legislation, research, certain personal communications, personally identifying information, work papers, and draft redistricting plans.
• §74-110 — Court records on judicial authorization of abortion procedures for minors.
• §74-111 — Records related to the Uniform Securities Act.

Key precedent

• Ward v. Portneuf Medical Center, Inc., 150 Idaho 501 (2011) — records are presumed open and exemptions are narrowly construed; a record that was public when requested stays public even if later moved to a private entity.
• Hymas v. Meridian Police Dept., 156 Idaho 739 (Ct. App. 2014) — the agency bears the burden of showing a record fits a narrowly construed exemption.
• Cowles Publishing Co. v. Kootenai County Bd. of Commissioners, 144 Idaho 259 (2007) — e-mails between an elected official and a public employee were public records, not exempt personnel records.
• Idaho Conservation League, Inc. v. Idaho State Dept. of Agriculture, 143 Idaho 366 (2006) — an agency cannot dodge disclosure by returning records to their owner; fees awarded because the agency's position was frivolous.
• Federated Publications, Inc. v. Boise City, 128 Idaho 459 (1996) — names and resumes of applicants for a city council vacancy, and an administrative review of a police shooting, were open records.
• AG Manual — the Idaho Attorney General's Public Records Law Manual (refreshed every legislative session) is the agency's bible. Agencies are presumed to know it. Available at ag.idaho.gov.

Practical Tips

• Send by traceable means. Email is fine; cc yourself or send via a method that timestamps delivery (USPS Certified, business email with read receipt). The deadline clock runs from receipt — proof of receipt protects you.
• Be specific but not narrow. Identify by date range, sender/recipient, subject keywords, file format. Agencies sometimes return a "fishing expedition" denial; specificity defeats that.
• Watch the calendar. "Working days" under Idaho law excludes weekends and state holidays. The 3-day window expires on the 3rd working day, end of business.
• Demand specificity in any denial. §74-103(5) requires a written denial to cite its statutory authority, and the agency carries the burden of proving an exemption (Hymas). Bare denials are hard to defend on review.
• Keep your records. Save the request, agency response, any attachments. They're your evidence in §74-115 litigation.