How to File a Public Records Request in South Dakota
South Dakota's Public Records Law, codified at SDCL Chapter 1-27, guarantees the right of any person — resident or non-resident — to inspect and copy records held by state and local government agencies during normal business hours. Public records are broadly defined to include all records and documents, regardless of physical form, belonging to any state, county, municipality, political subdivision, or tax-supported district. The law operates on a presumption of openness: records are public unless a specific statute expressly exempts them. For informal requests, there is no fixed response deadline, but agencies must act promptly. For formal written requests (submitted after an informal denial), the public record officer must respond within ten business days under SDCL § 1-27-37. The burden is on the agency to justify any withholding.
The South Dakota Public Records Law
- Statutory Citation
- South Dakota Codified Laws (SDCL) Chapter 1-27 (§§ 1-27-1 through 1-27-47)
- Response Deadline
- 10 business days
- Fee Provisions
- Under SDCL § 1-27-35, agencies may charge the actual cost of mailing or transmittal, the actual cost of reproduction, or another fee established by statute or administrative rule. Staff time may be charged only for requests requiring more than one hour of effort; the first hour is free. For requests estimated to cost more than $50, the agency must provide a written cost estimate and obtain the requester's agreement to pay before proceeding. Fees may be waived or reduced if disclosure would serve the public interest, per SDCL § 1-27-36. No fee may be charged for electronic transfer of open-meeting minutes.
- Key Exemptions
- SDCL § 1-27-1.5 lists numerous exempt categories, including: active law enforcement investigative records, personnel files and personal correspondence of officials, medical and mental health records, juvenile records, attorney-client privileged communications, records of pending litigation, certain internal agency deliberative documents, and records made confidential by other state or federal statutes. Records of individual children committed to the Department of Corrections and certain inmate disciplinary matters are also exempt. The agency bears the burden of proving a record falls within an exemption.
- Appeal Process
- If an informal request is denied, the requester may submit a formal written request to the agency's designated public record officer (SDCL § 1-27-37). If the written request is denied in whole or in part, or the requester objects to fee or time estimates, the requester has 90 days to either file a civil action or submit a Notice of Review with the South Dakota Office of Hearing Examiners (SDCL § 1-27-38). The agency then has 10 business days to file a written response. The Office of Hearing Examiners issues written findings and a decision. Decisions of the Office of Hearing Examiners may be appealed to the circuit court (SDCL § 1-27-41), and circuit court decisions may be appealed to the South Dakota Supreme Court. A court may award costs, disbursements, and civil penalties for unreasonable, bad-faith denials under SDCL § 1-27-40.2.
- Ombudsman
- South Dakota does not have a dedicated public records ombudsman. Administrative appeals of denied records requests are handled by the South Dakota Office of Hearing Examiners, a separate agency of state government, under SDCL §§ 1-27-38 through 1-27-43.
City FOIA Guides in South Dakota
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 South Dakota?
If you're dealing with missing records or unresponsive agencies in South Dakota, Project Paper Trail can help you follow the paper trail on development approvals.
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