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How to Request Public Records

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The Public Records Act

The purpose of the California Public Records Act (PRA) is to give private citizens greater access to government information. The law (Government Code Section 6250 et seq.) requires the Department of Pesticide Regulation (DPR) to make public records available upon request. DPR has established the following guidelines to ensure that members of the public fully understand and are afforded the opportunity to use their right to inspect and obtain copies of public records.

What are ’public records’?

"Public records" include any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by DPR regardless of the manner in which the record has been stored.

’Writing’ means handwriting, typewriting, printing, photocopying, transmission by electronic mail or facsimile, photography, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols or any combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

"Member of the public" means any person except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment.

When may public records be inspected?

Public records are open to inspection during DPR office hours, 8:00 a.m. - 12:00 p.m. and 1:00 p.m. - 5:00 p.m., Monday through Friday, except for State holidays. However, the inspection of public records is subject to a rule of reason as to time and duration and must be consistent with the efficient functioning of our offices.

DPR requests any person who wishes to inspect public records to telephone the Director’s Office (916) 445-4300 for a referral to the branch or office that has the records and make an appointment to inspect the records. It is the policy of DPR that records not exempt from disclosure by State law will be open for public inspection with the least possible delay and expense to the requesting party. Records subject to exemption may nevertheless be made available for inspection if waiving the exemption will serve the public interest, as determined by DPR on a case-by-case basis.

How can I get access to a public record?

Generally you should send a written request to inspect or to obtain a copy of a public record to: Department of Pesticide Regulation, Director’s Office, P.O. Box 4015, Sacramento, CA 95812-4015. You may email your request to publicrecords@cdpr.ca.gov. The written request need not be in any particular form, but should describe the requested records with sufficient specificity to enable DPR staff to identify and locate the information sought. The request should include a telephone number where the person requesting the record can be reached to discuss the request.

How do I request records related to pesticide registration?

Requests to inspect or obtain a copy of a record related to pesticide registration (including studies and data) are subject to a modified set of rules in the Public Records Act (Government Code Section 6254.2) to protect trade secret information deemed confidential under federal law. This publication (PDF, 75kb) has more information on making these requests to DPR’s Registration Branch, including the "Affirmation of Status" form that the law requires for DPR to process the request.

Persons with disabilities who require accommodation for obtaining access to DPR public records should notify us of their accommodation needs in their written request.

How long will it take to get a response?

DPR will determine whether we will comply with the request and, within 10 days from the date the request is received, we will notify you of our determination.

If the determination will not be made within 10 days due to unusual circumstances as defined in Government Code 6253, DPR will notify you of the reasons for the delay and the date when the determination is expected to be issued. No such notice shall specify a date that results in an extension of more than 14 days.

DPR may request additional information if the records request is not specific enough to permit the identification of the requested records. If DPR determines to comply with the request, the records will be made available as promptly as is reasonably practicable.

Is there a fee involved?

If the information is in hard copy only and must be photocopied, or if you desire a hard copy printout of electronic medium, the cost is 35 cents per page. Reasonable fees to cover other types of reproduction costs may be charged. You will be billed in advance for those costs.

If the information you request is available in an electronic format and you desire it in that format, the file(s) can be emailed to you free of charge.

What will DPR’s response to a records request include?

In responding to information requests, DPR will advise the person submitting the request, by telephone or by mail as appropriate, of (1) the location, date, and time at which the requested records may be inspected; (2) if copies of records are requested, the cost of providing such copies; (3) which of the records requested are not subject to disclosure as public records pursuant to applicable provisions of the Public Records Act or Information Practices Act. DPR will determine the form in which any requested computer data will be provided.

What records are not open for inspection or will not be disclosed?

In balancing the public’s right to access public records with the recognized individual right of privacy and the need for government agencies to be able to competently perform their duties, the Legislature has established certain categories of records as exempt from public disclosure.

A complete list of statutory exemptions is found in the Public Records Act, Government Code Section 6254 et seq. Exemption categories include:

  • Preliminary drafts, notes, or inter-agency or intra-agency memoranda which are not retained by DPR in the ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure;
  • Records pertaining to pending litigation to which DPR is a party, or to claims made pursuant to Government Code Division 3.6 (commencing with Section 810) until such litigation or claim has been finally adjudicated or otherwise settled;
  • Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
  • Trade secrets as defined in Government Code section 6254.2 (f) except as required by law.
  • Records of complaints to or investigations conducted by DPR for licensing purposes;
  • Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination;
  • Records of which the disclosure is exempt or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
  • Correspondence of and to the Governor or employees of the Governor’s Office or in the custody of or maintained by the Governor’s legal affairs secretary.

DPR also has the discretion not to disclose records which do not qualify for a specific exemption under the Public Records Act if it determines that the public interest served by not making the record public clearly outweighs the public interest served by disclosure, pursuant to Government Code Section 6255. DPR’s determination to disclose a particular record, which may otherwise be exempt from disclosure, does not constitute a waiver with respect to any other records.

You will be notified if a determination is made to deny access to records, and why.

What if I wish to challenge DPR’s determination not to disclose records?

If DPR has declined to provide access to records it possesses that a person has requested, the Public Records Act, Government Code Section 6258, provides that any person may seek injunctive or declarative relief in any court of competent jurisdiction to enforce the right to inspect or to receive a copy of any public record.