Open Records Act

Oklahoma's Open Records Act, Title 52 Okla. State Section 24A.1. et seq., provides that the Oklahoma Constitution recognizes and guarantees that all political power is inherent in the people. Thus, it is the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government.

The purpose of the Open Records Act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. The privacy interests of individuals are adequately protected in the specific exceptions to the Oklahoma Open Records Act or in the statutes which authorize, create or require the records. With certain exceptions, records of Hughes County EMS offices and departments are open to the public for inspection and copying subject to the payment of applicable fees for search and reproduction. Records which are not available to the public for confidentiality and privilege reasons include any and all patient records, records contained within any database subject to the privacy protections guaranteed by HIPAA, quality assurance/improvement files, personnel and investigatory files, among others. For a complete copy of the Open Records Act, you may contact the Office of the Oklahoma Attorney General at 405-521-3921 or access it online. Certain exceptions may apply to the disclosure of the information.  Governmental bodies shall promptly release requested information that is not confidential by law or information for which an exception to disclosure has been sought.  Please note, an open records act form is for operational information only (dispatch logs, financials, audits, board meeting minutes, etc) - no patient care run reports can be released via an Oklahoma Open Records Act Request, you must submit a HIPAA Authorization located in FORMS.  A sample ORA form is at the bottom of this webpage

Rights of Requestors

You have the right to:

• Prompt access to information that is not confidential or otherwise protected;

• Receive treatment equal to all other requestors, including accommodation in accordance with ADA requirements;

• Receive certain kind of information without exceptions, like the voting record of public officials or information related to the receipt, expenditure, or estimated need for public funds, and other items;

• Receive a statement of estimated charges, when charges exceed $10, in advance of work being started and opportunity to renegotiate the request if charges are too high;

• Choose whether to inspect the requested information (most often at no charge), receive copies of the information, or both;

• A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;

• A notice when the governmental body asks the Office of the Attorney General for a ruling on whether the information can be withheld under one of the accepted exceptions;

• Lodge a complaint about charges for public records with the General Services Commission and a complaint related to other possible violations with the county attorney, criminal district attorney, or Office of the Attorney General.

Responsibilities of Governmental Bodies

All governmental bodies responding to information requests have the responsibility to:

• Establish reasonable procedures for inspecting and copying public information and inform requestors of these procedures;

• Treat all requestors equally, including accommodation in accordance with ADA requirements;

• Be informed about open records laws and educate employees on the requirements of those laws;

• Inform requestor of the estimated charges greater that $10 and any changes in the estimates, and confirm that the requestor agrees in writing to pay the costs before finalizing the request;

• Inform the requestor if the information cannot be provided promptly and establish a date and time to provide it within a reasonable time;

• Ask for a ruling from the Office of the Attorney General regarding any information to be withheld, and inform the requestor of this request for ruling;

• Segregate public information from information that might be withheld and provide that public information promptly;

• Inform third parties if their proprietary information is being requested from the governmental body;

• Respond in writing to all written communications from the General Services Commission or the Office of the Attorney General regarding complaints about violations of the Public Information Act.

Procedures to Obtain Information

• Submit a written request (mail, fax, email or in person) according to a governmental body’s reasonable procedures.

• Include enough description and detail about the information requested to enable the governmental body to accurately identify and locate the items requested.

• Cooperate with the governmental body’s reasonable efforts to clarify the type or amount of information requested.

Information to be Released

• You may review it promptly, and if it cannot be produced within 10 working days the records custodian will notify you in writing of the reasonable date and time when it will be available.

• Keep appointments to inspect records or pick up copies or risk losing the opportunity to see the information.

Cost of Records

• You must respond to any written  estimate of charges within 10 days of the date the governmental body sent it or the request may be deemed withdrawn.

• If estimate costs exceed $100.00 (or $50.00 if a governmental body has fewer that 16 full time employees) the governmental body may require a bond, prepayment or deposit.

• You may ask the governmental body to determine whether providing the information primarily benefits the general public, resulting in a waiver or reduction of charges.

• Make a timely payment for all mutually agreed charges.  A governmental body can demand payment of overdue balances exceeding $100.00, or obtain a security deposit, before processing additional requests from you.

Information That May be Withheld Due to an Exception

• By the 10th business day after you file your request, a governmental body must:

  • request an Attorney General opinion and state which exceptions apply;

  • notify the requestor of the referral to the Attorney General; and

  • notify third parties if the request involves their proprietary information.

• Failure to request an AG opinion and notify the requestor within 10 business days will result in a presumption that the information is open unless there is a compelling reason to withhold it.

• Requestors may send a letter to the Attorney General arguing for release, and may review arguments made by the governmental body.

• The Attorney General must issue an opinion by the 65th working day from the day you made the request.

• Governmental bodies must release information determined by the Attorney General to be open or file suit within 30 calendar days, and they may not ask the Attorney General to “reconsider” an opinion.

Methods for Submitting an Open Records Request

• • Email:  cmiller@hcems.org

  • U.S. Mail:  See mailing and physical address below.

For assistance with open records requests, please contact:

Mailing:  Hughes County EMS
Attention Privacy Officer
PO Box 671
Holdenville, OK 74848

Email:  cmiller@hcems.org

Telephone:  405-379-7046

Fax:  405-379-6369

Complaints

• For complaints regarding failure to release public information, contact the Office of the Attorney General, Open Records Hotline, at 512.478.6736 or toll-free at 1.877.673.6839.

• For complaints regarding overcharges, contact the General Services Commission at 512.475.2497.

Accommodations

If you need special accommodations pursuant to the American With Disabilities Act (ADA), please contact the TAMIU ADA Coordinator in the Office of Compliance at 956.326.2855.