Download form for requesting public records.
Email contact
I. INTRODUCTION.
Citizens of a democratic society are entitled to openness in their government. Idaho's Public Records Act is drafted to ensure that citizens have access to public documents, while at the same time protecting the privacy rights of individuals.
The intent of the Public Records Act is that all "public records" are open to the public for inspection and copying at all reasonable times, unless the information is specifically exempted from disclosure by law. The law also provides each person the right to request the agency to correct inaccurate public records pertaining to that person. The provisions of the Public Records Act are contained in Title 9, sections 9-337 through 9-350, of the Idaho Code. Title 9 of the Idaho Code may be accessed through the internet at: http://www3.state.id.us/idstat/TOC/09003KTOC.html
A "public record" includes any "writing containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. " A "writing" includes every typed of recording, including handwriting, printing, pictures, maps, audio and visual recordings, and discs.
II. TYPES OF PUBLIC RECORDS KEPT BY THE COMMISSION
The Idaho Real Estate Commission ("Commission") is the state agency that administers the Idaho Real Estate License Law and is responsible for licensing, educating, and disciplining real estate brokers and salespersons in Idaho. To this end, the Commission keeps and maintains the following general types of records: licensing records for each person or entity licensed to do business in Idaho as a real estate broker or salesperson; records relating to Commission-approved real estate courses; and records concerning investigations and disciplinary actions taken against licensees for violating the license laws. The Commission also keeps records pertaining to the open meetings held by the Commission and the Real Estate Education Council, such as their agenda and minutes, and records concerning the general operations of the Commission, such as records regarding the fiscal operations of the Commission and its personnel.
III. EXEMPTIONS FROM DISCLOSURE
Exemptions from Public Disclosure. Certain types of records are specifically exempted by law from the disclosure requirements and will not be made available to the public. These exempted records include, but are not limited to, the following:
Information and results obtained from an office audit. (Section 9-340C(9), Idaho Code)
Information in any license application, including personal information, fingerprint information, education histories, and exam results. The applicant's name, business address and business phone number and license history are not excluded and are available to the public. (Sections 9-340C(8), and (9), Idaho Code)
Home phone numbers and home addresses of licensees including email addresses. (Section 9-340C(8), Idaho Code)
Library patron information (i.e., who has checked out what material). (Section 9-340E(3), Idaho Code)
Any real estate examination, test questions, scoring keys, exam results, etc. (Section 9-340E(5), Idaho Code)
Computer software programs. (Section 9-340D(15), Idaho Code)
Investigative files and reports. (Section 9-304B(9), Idaho Code)
This section does not contain the full text of the statutory exemptions, and the Commission will rely on the full text and all exemptions of the law when determining whether to grant or deny a records request.
Personnel Information (Sections 9-340C(1) and (2), Idaho Code). Records of a current or former employee's service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace and employing agency are public record and MUST be disclosed upon request. All other personnel information relating to a public employee or applicant for employment, including, but not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing and scoring materials, grievances, correspondence and performance evaluations, shall NOT be disclosed to the public without the employee's or applicant's written consent.
Access To Records By A Person About The Person (Section 9-342, Idaho Code). The law provides that a person is entitled to examine, copy, and request amendments to records pertaining to himself or herself, even if the record is otherwise exempted from disclosure to the general public. However, this right does NOT include the right to review:
Investigatory records, if the investigation is ongoing (section 9-342(3)(a));
Information that is compiled in reasonable anticipation of litigation and is not otherwise discoverable (section 9-342(3)(b), Idaho Code), or;
Other records that are specifically exempt from disclosure by statute or court rule (section 9-342(3)(d), Idaho Code).
The Commission will require adequate identification before disclosing otherwise exempt records to a person about that person.
IV. PROCEDURE FOR MAKING AND RESPONDING TO RECORDS REQUESTS
Request to be in writing. The Commission requires that any request to inspect public records be made in writing and delivered to the "Designated Records Custodian" for the Idaho Real Estate Commission.
Idaho Real Estate Commission
633 North 4th
P.O. Box 83720
Boise, Idaho 83720-0077
Fax: 208-334-2050
Written requests may be delivered by mail, fax, e-mail, or in person. The requester's name and address information should be provided for the purpose of enabling the Commission to contact the requester with its response. The requester may use the form provided by the Commission. The "Request for Public Records" form may be obtained from the Commission's office or through the Commission's website. From the website, download the "Request for Public Records" form, complete and submit by mail or fax.
Upon receipt of a written request, the Designated Custodian will record the date and time of the request, and promptly forward it to the appropriate department head or staff person to compile the records.
Time, Place and Manner of Inspection (Section 9-338, Idaho Code). It is the Commission's policy to provide access to and copies of records immediately upon request, whenever possible. Examination of records should be done during normal business hours, unless otherwise authorized by the Executive Director.
The law prohibits the custodian from asking the requester why the information is being sought, and from asking any questions of the requester other than to obtain information necessary for delivering the requested records, such as the requester's name, address and telephone number. The custodian is not allowed to review, examine or scrutinize the copies, photographs, or notes taken by or provided to the person examining the records, and shall extend to the person examining the records all reasonable comfort and facility for the full exercise of the rights granted under the law. However, the law does not prevent the custodian from maintaining such vigilance as is required to prevent alteration of any public record while it is being examined.
Responding to the Request - Timing (Section 9-339, Idaho Code). A request to inspect or copy records must be granted or denied within three (3) working days. However, if more time is needed to locate or retrieve the requested records, the Commission may take up to ten (10) days to respond, provided the Executive Director first notifies the requester, in writing, that additional time is required. If no response is provided, the request will be deemed to have been denied after ten (10) working days from the request.
Exempt and Non-exempt Records to be Separated (Section 9-341, Idaho Code). If a requested public record contains information that is nonexempt as well as information that is exempt from disclosure, the Commission must separate the nonexempt and exempt information, and provide the nonexempt information, along with a written denial from the Executive Director stating the statutory authority for the denial the right to seek relief from the district court.
Denial of a Request to Inspect Records (Section 9-339, Idaho Code). A request to inspect or copy a public record may be denied in whole or in part only by the Executive Director after having an opportunity to have the request reviewed by legal counsel. A denial or partial denial of a request must be provided to the requester in writing, and delivered by certified mail, stating the statutory authority for the denial, and clearly stating that the requester has the right to petition the district court for order to compelling disclosure, and the time for doing so (180 days).
The Commission is required to keep all records in question until the end of the challenge period (180 days), or if an action is instituted, until such litigation is concluded, or as otherwise required, whichever is longer. Therefore, whenever any request is denied, the Records Custodian or staff must make a note on the record in question that it shall not be purged without the approval of the Executive Director or the Designated Custodian.
Making A Request to Correct a Record (Section 9-342(2), Idaho Code). A person may request, in writing, that the Commission make an amendment of any record pertaining to that person. Such requests are to be immediately referred to the Executive Director.
Responding to a Request to Correct a Record (Section 9-342(2), Idaho Code). Within ten (10) days of receiving the request for amendment of record, the Commission will either: (1) make the correction of the portion of the record that the person has established is not accurate, relevant, or complete; or else (2) notify the person in writing that the requested amendment has been refused, and the reason why, and inform the person of the right to petition the district court to compel the requested change, and that such petition must be brought in the county where the records are kept and filed within one hundred eighty (180) days of the refusal. The notice of denial shall be accompanied by a certificate of mailing.
V. CHALLENGING THE DENIAL OF A REQUEST TO INSPECT OR AMEND RECORDS.
Right to Petition the District Court (Sections 9-342(b) and 9-343, Idaho Code). The sole remedy for a person aggrieved by the Commission's denial of a request for disclosure, or by the Commission's refusal to amend a record, is to bring an action in the district court to compel the Commission to make the requested record available or make the requested change. The action must be filed within one hundred eighty (180) calendar days of the notice denying the request, and must be brought in the county in which the records, or some portion of them, are located. The court will determine whether the Executive Director's decision to refuse the request was justified, and the court will issue an order accordingly.
Costs and Attorney Fees - Additional Penalty for Bad Faith Refusal (Sections 9-344 and 9-345). If the court concludes that the request or its refusal was pursued frivolously, the court will award reasonable costs and attorney fees to the prevailing party. If the court finds that the Executive Director deliberately and in bad faith improperly refused a legitimate request for inspection or copying, the court shall impose a civil penalty not to exceed one thousand dollars ($1,000).
Immunity for Release of Records (Section 9-346). Neither the Commission, the Executive Director, nor records custodian shall be liable for any loss or damage based upon the release of a public record so long as such person acted in good faith in attempting to comply with the public records law.
NOTE TO COMMISSION STAFF: Due to time sensitivity, the following requests are to be referred immediately to the Executive Director or the Deputy Attorney General assigned to the Commission:
Any request for information that is exempt from disclosure, or that the custodian believes may be exempt;
Any request for voluminous records;
Any request that will require additional time (more than three (3) days) to locate and copy records; and
Any request to amend information in a record pertaining to a person.
VI. FEES AND CHARGES FOR PROVIDING PUBLIC RECORDS
Charging for Copies. Due to administrative costs, copies of forty-nine (49) or fewer pages will be provided free of charge. If the request is for a greater number of records, copying fees will be charged for ALL copies provided. Advance payment is required.
The current fee for standard photocopies is five cents ($ 0.05) per page.
Mailing lists. A list of the names and addresses of active licensees is available for copying at the standard fee. Adhesive, printed mailing labels may be obtained for an additional fee.
The Commission is not required to provide multiple copies of the same document.
The Commission is not required to compile information to create a document that does not already exist.
If the information requested is available in publication form, the agency may offer the published material to the individual at the standard cost of selling the publication.
A certified copy, if feasible to produce or required by law, will be provided upon request. There is no additional charge for certification of the copy.
Charging For Labor. The fee charged for locating or copying a public record generally cannot include any administrative or labor costs. However, the Commission may charge for labor costs where: (1) the request is for more than one hundred (100) pages of paper records; or (2) the request includes records from which exempt information must be deleted; or (3) the actual labor associated with locating and copying documents exceeds two (2) person hours.
When necessary, the Executive Director may authorize examination of records to be done outside of regular working hours. If this is done, payment of reasonable compensation for this added expense will be required.
Charges Waived. The Commission will not charge for copies or labor when the requestor demonstrates either the inability to pay, or that the public interest would suffer by charging or collecting a fee.
Mailing Records. If requested, the Commission will mail the copied records. If the cost of mailing exceeds the current first class postal rate, the Commission may require advance payment and a stamped, self-addressed envelope large enough for the number of copies.
Receipting Monies. Payment for providing public records will be receipted immediately. A copy of the receipt will be kept with the written request form, and an "accounting" receipt, with the payment, will be forwarded to the accounting department.
