How to File a Public Records Request in Arizona
Arizona's Public Records Law, one of the oldest in the nation, mandates that public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours (A.R.S. § 39-121). The law applies to all state and local government entities, including cities, counties, school districts, and any public body supported by public funds. Arizona does not impose a specific numeric deadline for responses; instead, custodians must act 'promptly,' and a failure to do so is deemed a denial of access under A.R.S. § 39-121.01(E). The burden of justifying any withholding falls on the government agency, not the requester. Any person — regardless of residency — may request records without stating a reason, though requesters must disclose whether the records are for commercial purposes. When access is denied, the requester may file a special action in superior court, and courts may award attorney fees to a requester who has substantially prevailed.
The Arizona Public Records Law
- Statutory Citation
- Arizona Revised Statutes Title 39, Chapter 1, Article 2 (A.R.S. §§ 39-121 through 39-161)
- Response Deadline
- 0 business days
- Fee Provisions
- For non-commercial requests, agencies may charge only for copying and postage (A.R.S. § 39-121.01(D)(1)). Inspection of records is free, and agencies cannot charge for staff time spent searching for or redacting records for inspection purposes. For commercial requests, agencies may charge additional fees including the cost of time, equipment, and personnel. Fee amounts are set by each agency, as Arizona does not establish a statewide per-page rate. Records requested for claims against the United States must be provided free of charge (A.R.S. § 39-122).
- Key Exemptions
- Arizona courts have identified three grounds for withholding records: (1) the record is made confidential by a specific statute — there are over 300 such statutes; (2) disclosure would constitute an invasion of personal privacy that outweighs the public's right to know; or (3) disclosure would be detrimental to the best interests of the state. Common exemptions include personnel records (limited to basic employment data), law enforcement investigative records involving witnesses or victims, attorney-client privileged communications, juvenile records, and trade secrets.
- Appeal Process
- Arizona provides no administrative appeal process for denied public records requests. If access is denied — or if an agency fails to respond promptly — the requester may file a special action in the superior court under A.R.S. § 39-121.02. The court may award attorney fees and legal costs to a requester who has 'substantially prevailed.' Additionally, any person wrongfully denied access has a cause of action for damages. Requesters may also file a complaint with the Arizona Ombudsman-Citizens' Aide, who can investigate and recommend corrective action, though the Ombudsman's recommendations are not legally binding.
- Ombudsman
- The Arizona Ombudsman-Citizens' Aide is an independent agency of the legislative branch that investigates complaints about state agency actions, including public records disputes. The office can be reached at (602) 277-7292 or [email protected], and its services are free to the public.
City FOIA Guides in Arizona
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Arizona?
If you're dealing with missing records or unresponsive agencies in Arizona, Project Paper Trail can help you follow the paper trail on development approvals.
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