HomeMy WebLinkAboutpubrecords_00.pdfPUBLIC RECORDS RULES IDAPA 31.02.01
IDAPA 31
TITLE 02
Chapter 01
31.02.01 - PUBLIC RECORDS ACT RULES OF THE
IDAHO PUBLIC UTILITIES COMMISSION
TABEL OF CONTENTS
RULES 0 THROUGH 100. INTRODUCTION
000. Legal Authority (Rule 0).......................................................................................................1
001. Title and Scope (Rule 1).......................................................................................................1
002. Written Interpretations—Agency Guidelines (Rule 2).........................................................1
003. Administrative Appeals (Rule 3)..........................................................................................1
004. Public Records Act Compliance (Rule 4).............................................................................1
005. Definitions (Rule 5)..............................................................................................................1
01. Copy...............................................................................................................................1
02. Custodian .......................................................................................................................2
03. Inspection .......................................................................................................................2
04. Investigatory Record ......................................................................................................2
05. Person.............................................................................................................................2
06. Public Record.................................................................................................................2
07. Trade Secrets..................................................................................................................2
08. Writing...........................................................................................................................2
006. Citation (Rule 6)...................................................................................................................3
007. Effective Date—History of Rules (Rule 7)...........................................................................3
008.—100. (RESERVED)...........................................................................................................3
RULES 101 THROUGH 200—
KINDS OF PUBLIC RECORDS MAINTAINED—
CUSTODIAN—LOCATION OF RECORDS—INSPECTION
OR EXAMINATION OF RECORDS
101. Records of Formal Proceedings (Rule 101)..........................................................................3
102. Tariffs—Price Lists—Certificates—Permits (Rule 102)......................................................3
103. Statutory Reporting—Reports Submitted Pursuant to Order or Rule (Rule 103)................4
104. Decision Meetings—Agendas for Decision Meetings (Rule 104).......................................4
105. Computer Programs—Computer Modeling—Computer Data (Rule 105)...........................4
106. Investigatory Records (Rule 106).........................................................................................5
107. Personnel Records (Rule 107)..............................................................................................5
108. Miscellaneous Records (Rule 108).......................................................................................5
109.—200. (RESERVED)...........................................................................................................5
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PUBLIC RECORDS RULES IDAPA 31.02.01
RULES 201 THROUGH 300—REQUESTS TO INSPECT, EXAMINE
OR COPY PUBLIC RECORDS—RESPONSES TO REQUESTS
201. Statement of Policy (Rule 201).............................................................................................5
202. Times for Examination (Rule 202).......................................................................................6
203. Requests Implicating Records Exempt from Disclosure (Rule 203)....................................6
204. Requests that Cannot be Answered within Three Working Days (Rule 204)......................6
205. Voluminous Requests (Rule 205).........................................................................................7
206.—300. (RESERVED)...........................................................................................................7
RULES 301 THROUGH 400—COPYING
301. Photocopying (Rule 301)......................................................................................................7
302. Computer Disks (Rule 302)..................................................................................................7
303. Advance Charges for Copying (Rule 303)............................................................................7
304. Charges for Pamphlets (Rule 304)........................................................................................7
305. Mailing, Facsimile Transmission (FAX) (Rule 305)............................................................7
306.—400. (RESERVED)...........................................................................................................8
RULES 401 THROUGH 500—
RELATIONSHIP TO RULES AND PRACTICES
401. Rules and Practices not Affected (Rule 401)........................................................................8
402. Discovery in Formal Cases not Covered by these Rules (Rule 402)....................................8
403. Distribution of Documents Unaffected (Rule 403)...............................................................8
404. Parties to Formal Proceedings may Use these Rules (Rule 404)..........................................8
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PUBLIC RECORDS RULES IDAPA 31.02.01
RULES 0 THROUGH 100. INTRODUCTION
000. LEGAL AUTHORITY (Rule 0).
These rules are adopted under the legal authority of Sections 9-337 through 9-349, Idaho Code
(commonly known as the Public Records Act), and in particular Section 9-347, Idaho Code.
(7-1-93)
001. TITLE AND SCOPE (Rule 1).
The name of this chapter is “Public Records Act Rules of the Idaho Public Utilities
Commission”. This chapter has the following scope: Every request for copies of records
maintained by the Idaho Public Utilities Commission will be processed under these rules.
(7-1-93)
002. WRITTEN INTERPRETATIONS--AGENCY GUIDELINES (Rule 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form
of explanatory comments accompanying the order of proposed rulemaking and review of
comments submitted in the order adopting these rules are maintained in the files of the Secretary
of the Idaho Public Utilities Commission and are available from the office of the Commission
Secretary. The Commission Secretary may be contacted in writing at the Idaho Public Utilities
Commission, PO Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at (208)
334-0300. For rulemakings conducted after July 1, 1993, written interpretations to these rules in
the form of explanatory comments accompanying the notice of proposed rulemaking that
originally proposed the rules and review of comments submitted in the rulemaking decision
adopting these rules are published in the issues of the Idaho Administrative Bulletin proposing or
adopting the rules. (7-1-93)
003. ADMINISTRATIVE APPEALS (Rule 3).
There is no provision for administrative appeals within the Idaho Public Utilities Commission
from a decision that a record cannot be inspected, examined or copied. Judicial review is
available under Sections 9-343 et seq., Idaho Code. (7-1-93)
004. PUBLIC RECORDS ACT COMPLIANCE (Rule 4).
Written requests to inspect, examine or copy public records are themselves public records. The
Commission’s written responses to requests to inspect, examine or copy public records are
themselves public records. (7-1-93)
005. DEFINITIONS (Rule 5).
The following definitions are used in this title and chapter: (7-1-93)
01. Copy. “Copy” means transcription by handwriting, photocopy, duplicating machine
or reproduction by any other means that does not alter or damage a public record. See Section 9-
337(1), Idaho Code. (7-1-93)
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PUBLIC RECORDS RULES IDAPA 31.02.01
02. Custodian. “Custodian” means the person having personal possession and control of
public records. Ordinarily, official documents of the Idaho Public Utilities Commission are in the
legal custody of the Commission Secretary and physical possession of the Secretary's staff. In
addition, certain files and documents may be in the possession or control of the Commissioners,
the public information officer, the fiscal officer, or the heads of the Commission divisions, or
personnel of the division staffs. See Section 9-337(2), Idaho Code. (4-5-00)
03. Inspection. “Inspection” means the right to listen, view and make notes of public
records as long as the public record is not altered or damaged. See Section 9-337(3), Idaho Code.
(7-1-93)
04. Investigatory Record. “Investigatory record” means information with respect to an
identifiable person, group of persons or entities compiled by the Commission pursuant to its
statutory authority to investigate specific acts, omissions, failures to act, or other conduct over
which the Commission has regulatory authority or law enforcement authority. Investigatory
records before the Commission include informal complaints or inquiries concerning utilities,
audits and investigations of utilities, memoranda or similar documents recommending whether
audits or investigations of utilities should be initiated, or other information falling within the
statutory definition of investigatory records. See Section 9-337(4), Idaho Code. (4-5-00)
05. Person. “Person” means any natural person, corporation, partnership, firm,
association, joint venture, state or local agency or any other recognized legal entity. See Section
9-337(7), Idaho Code. (7-1-93)
06. Public Record. “Public record” includes, but is not limited to, any writing containing
information relating to the conduct or administration of the public’s business prepared, owned,
used or retained by the Commission, regardless of physical form or characteristics. See Section
9-337(10), Idaho Code. (7-1-93)
07. Trade Secrets. “Trade secrets” mean information, including a formula, pattern,
compilation, program, computer program, device, method, technique or process that: (7-1-93)
a. Derives independent economic value, actual or potential, from not being generally
known to or not being readily ascertainable by proper means by other persons who can obtain
economic value from its disclosure or use; and (7-1-93)
b. Is the subject of efforts that are reasonable under the circumstances to maintain its
secrecy. See Section 9-340D, Idaho Code. (4-5-00)
08. Writing. “Writing” includes, but is not limited to, handwriting, typewriting, printing,
photostating, photographing and every other means of recording, including letters, words,
pictures, sounds or symbols or a combination thereof, and all papers, maps, magnetic or paper
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PUBLIC RECORDS RULES IDAPA 31.02.01
tapes, photographic films and prints, magnetic or punched cards, disks, drums or other
documents. See Section 9-337(12), Idaho Code. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 9-337, 9-340.
006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.02.01.000 et seq. For example, this rule is cited
as IDAPA 31.02.01.006. In documents submitted to the Commission or issued by the
Commission however, these rules may be cited by their short title of Public Records Rules (PRR)
and the parenthetical rule number. For example, this rule may be cited as PRR 6. (7-1-93)
007. EFFECTIVE DATE--HISTORY OF RULES (Rule 7).
The predecessors to these rules were originally adopted by General Order No. 183, effective
January 1, 1991, and amended by General Order No. 183A, effective May 1, 1991. They were
codified at IDAPA 31.P. They were readopted and reformatted by rulemaking decision in docket
number 16-0201-9301 effective July 1, 1993. The history of these rulemaking proceedings
preceding the initiation of the publishing of the Idaho Administrative Bulletin and the Idaho
Administrative Code is available from the Commission Secretary. (7-1-93)
008. -- 100. (RESERVED).
RULES 101 THROUGH 200 –
KINDS OF PUBLIC RECORDS MAINTAINED--
CUSTODIAN--LOCATION OF RECORDS--INSPECTION
OR EXAMINATION OF RECORDS
101. RECORDS OF FORMAL PROCEEDINGS (Rule 101).
Records of formal proceedings, which are described in the Commission's Rules of Procedure,
IDAPA 31.01.01.000 et. seq., include all records in the Commission Secretary's official file as
detailed in the Rules of Procedure. These records are in the custody and possession of the
Commission Secretary and the Secretary's staff. All records of proceedings may be inspected,
examined or copied by any person under the procedures of Section 9-338, Idaho Code, and of
these rules, except as the Rules of Procedure, recognize statutory exemptions from disclosure of
certain discoverable material, or unless exempted from disclosure under Sections 9-340A
through 9-340F, Idaho Code. (4-5-00)
[Adopted, G.O. 183; amended, G.O. 183A; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 9-338, 9-340.
Cross Reference: 31.01.01.000
102. TARIFFS--PRICE LISTS--CERTIFICATES--PERMITS (Rule 102).
Proposed, current and past tariffs and/or price lists showing utilities’ or regulated carriers’ rates
and charges for service, service offerings, conditions for service, rules for providing service, etc.,
are in the custody and possession of the Commission Secretary and the Secretary’s staff or the
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PUBLIC RECORDS RULES IDAPA 31.02.01
clerical staff of the Utilities or Regulated Carrier Divisions. Ordinarily, records pertaining to
utilities are in the document room in the Commission’s Administrative Division or in the
Utilities Division, and records pertaining to regulated carriers are in the Regulated Carrier
Division, except that dated records may be in rented storage. These records may be inspected,
examined or copied by any person under the procedures of Section 9-338, Idaho Code, and of
these rules. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
Statutory Reference: Idaho Code § 9-338.
103. STATUTORY REPORTING--REPORTS SUBMITTED PURSUANT TO ORDER
OR RULE (Rule 103).
Reports submitted under Sections 61-401 through 61-406, 61-517, 61-531 through 61-537, 61-
802B, 61-804, 61-1003, 62-611, Idaho Code or other statutes, and reports submitted pursuant to
order or rule are in the custody and possession of the Commission Secretary and the Secretary's
staff or the clerical staffs of the Utilities or Regulated Carrier Divisions. All those reports, except
those protected as trade secrets under Section 9-340(2), Idaho Code, and rules implementing that
Section, or unless exempted from disclosure under Sections 9-340A through 9-340F, Idaho
Code, may be inspected, examined or copied by any person under the procedures of Section 9-
338, Idaho Code, and of these rules. (4-5-00)
[Adopted, G.O. 183; amended, G.O. 183A; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 9-338, 9-340; 61-401, 61-406, 61-517, 61-531, 61-537, 61-802B, 61-804, 61-1003; 62-611.
104. DECISION MEETINGS--AGENDAS FOR DECISION MEETINGS (Rule 104).
Minutes of the Commission’s decision meetings and agendas of its decision meetings are in the
custody and possession of the Commission Secretary in the Secretary’s office. These records
may be inspected, examined or copied under Section 9-338, Idaho Code, except, when the
Commission has declared an executive session pursuant to Section 67-2345, Idaho Code,
minutes from the portion of the decision meeting that involve the executive session are exempt
from disclosure to the extent provided by Sections 67-2344 and 67-2345, Idaho Code. (7-1-93)
[Adopted, G.O. 183.]
Statutory Reference: Idaho Code §§ 9-338; 67-2344, 67-2345.
105. COMPUTER PROGRAMS--COMPUTER MODELING--COMPUTER DATA (Rule
105).
The Commission maintains substantial information on computers. Computer terminals with
access to the information are located throughout the Commission's offices. Copyrightable
computer programs or copyrightable compilations of data purchased, leased or obtained from
sources outside Idaho state government, and other programs or data the release of which would
contravene federal or state laws protecting intellectual property are exempt from disclosure under
Section 9-340D, Idaho Code. Unless covered by the previous sentence, or unless exempted from
disclosure under Sections 9-340A through 9-340F, Idaho Code, computer programs and data
bases used or developed by the Commission and its Staff may be inspected, examined or copied
by any person under the procedures of Section 9-338, Idaho Code and of these rules. (4-5-00)
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PUBLIC RECORDS RULES IDAPA 31.02.01
[Adopted, G.O. 183; amended, G.O. 183A; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 9-338, 9-340.
106. INVESTIGATORY RECORDS (Rule 106).
Investigatory records of the Commissioners and individual Staff members are in the custody and
possession of personal or divisional files in offices throughout the Commission. Investigatory
records are exempt from inspection, examination or copying under Section 9-340B, Idaho Code;,
provided that, when investigatory records are placed in public files like the Commission
Secretary's official file, they cease being exempt and they may be inspected, examined or copied
by any person under the procedure of Section 9-338, Idaho Code, and of these rules.
Investigatory records may be examined by or disclosed to the objects of the investigation
pursuant to Section 9-335, Idaho Code. (4-5-00)
[Adopted, G.O. 183; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 9-335, 9-338, 9-340.
107. PERSONNEL RECORDS (Rule 107).
Personnel records for the Commission's employees are in the custody and possession of the
Administrative and the Fiscal Divisions of the Commission, division heads or individual
personnel. Personnel records are exempt from disclosure under Section 9-340C, Idaho Code,
except as made public by that section. (4-5-00)
[Adopted, G.O. 183; amended, G.O. 201.]
Statutory Reference: Idaho Code § 9-340C.
108. MISCELLANEOUS RECORDS (Rule 108).
If records in the custody or possession of the Commission do not fit into any of the categories of
Rules 101 through 107, they are considered miscellaneous records. Ordinarily, miscellaneous
records are maintained in individual's offices or files. There will be a case-by-case determination
whether miscellaneous records are open to inspection, examination and copying under Section 9-
338, Idaho Code, or are exempt from disclosure under Sections 9-340A through 9-340F, Idaho
Code, except that materials protected from copying by federal copyright law are always exempt
from copying. (4-5-00)
[Adopted, G.O. 183; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 9-338, 9-340.
109. -- 200. (RESERVED).
RULES 201 THROUGH 300 - REQUESTS TO INSPECT, EXAMINE OR COPY
PUBLIC RECORDS--RESPONSES TO REQUESTS
201. STATEMENT OF POLICY (Rule 201).
It is the Commission’s expectation that the overwhelming majority of requests to inspect,
examine or copy public records will be routinely and informally granted. Ordinarily, the
Commission anticipates that records made subject to inspection, examination and copying by
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PUBLIC RECORDS RULES IDAPA 31.02.01
statute may be requested orally in person or by telephone and the request will be promptly
granted. However, when the request implicates records made exempt from disclosure by statute
or involves voluminous material (more than one hundred (100) pages total), the request for
inspection, examination and copying must be reduced to writing. (7-1-93)
[Adopted, G.O. 183.]
202. TIMES FOR EXAMINATION (Rule 202).
Public records subject to inspection, examination and copying may be reviewed in the
Commission’s offices at 472 West Washington Street from 8:00 a.m. to 5:00 p.m., Monday
through Friday, except state holidays or nonjudicial days. The examination may be reasonably
restricted to allow the custodian of documents to retain control of the documents inspected or
examined to prevent their removal, alteration, or destruction. The Commission may provide for
inspection, examination or copying of public records outside normal business hours or outside
the Commission’s offices under appropriate circumstances. See Sections 9-338(6) and -(7),
Idaho Code. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
Statutory Reference: Idaho Code § 9-338(6) and (7)
203. REQUESTS IMPLICATING RECORDS EXEMPT FROM DISCLOSURE (Rule
203).
When a person requests to examine records that may be exempt from disclosure under Sections
9-340A through 9-340F, Idaho Code, the person making the request will be asked to reduce the
request to writing. Within three (3) working days after receiving this written request, the
requester will be notified in writing whether or to what extent the request will be granted or
denied. If the request is denied in whole or in part, the written notification will be signed by a
Commissioner, the Commission Secretary or one of the Secretary's deputies, or a Deputy
Attorney General assigned to the Commission, and, if not signed by a Deputy Attorney General,
shall indicate that a Deputy Attorney General assigned to the Commission has been consulted
and believes that there is a statutory basis for the denial or partial denial of the request, listing the
statutes relied upon. (4-5-00)
[Adopted, G.O. 183; amended, G.O. 201.]
Statutory Reference: Idaho Code § 9-340.
204. REQUESTS THAT CANNOT BE ANSWERED WITHIN THREE WORKING DAYS
(Rule 204).
If the Commission cannot grant or deny a person's request to inspect, examine or copy public
records within three (3) working days from the receipt of the request because a longer time is
needed to locate or retrieve the public records or because it cannot be determined within three (3)
working days whether some or all of the request involves materials exempt from disclosure
under Sections 9-340A through 9-340F, Idaho Code, the requester will be notified of the delay in
writing within three (3) working days of the request. Within ten (10) working days of the request,
the request will be granted or denied in whole or in part. (4-5-00)
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PUBLIC RECORDS RULES IDAPA 31.02.01
[Adopted, G.O. 183; amended, G.O. 201.]
Statutory Reference: Idaho Code § 9-340.
205. VOLUMINOUS REQUESTS (Rule 205).
Requests to copy voluminous documents (requests from the same person in one (1) day to copy
documents exceeding one hundred (100) pages total) must be in writing. (7-1-93)
[Adopted, G.O. 183.]
206. -- 300. (RESERVED).
RULES 301 THROUGH 400 - COPYING
301. PHOTOCOPYING (Rule 301).
The charge for copies of papers easily reproducible by photocopy machines in the Commission’s
offices is five cents ($.05) per page. Fees for copying requests totalling one dollar ($1) or less
may be waived. If materials can only be reproduced by special photocopy equipment not
available in the Commission’s offices, the requester may make arrangements for commercial
photocopying of large or irregular documents at the requester’s expense, including reasonable
expense of Commission personnel to accompany documents taken from the Commission’s office
for photocopying. (7-1-93)
[Adopted, G.O. 183.]
302. COMPUTER DISKS (Rule 302).
The cost of providing computer disks containing copies of information on the Commission’s
computers will be two dollars ($2) per disk, except when the Commission incurs overtime labor
costs or employs or contracts for temporary labor to answer a request for information contained
on the Commission’s computers, the Commission may include those overtime or temporary
labor costs in its charges. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
303. ADVANCE CHARGES FOR COPYING (Rule 303).
When the Commission receives a request for copying the total charge for which will exceed
fifteen dollars ($15), the Commission may request advance payment of the copying charges.
[Adopted, G.O. 183.] (7-1-93)
304. CHARGES FOR PAMPHLETS (Rule 304).
The Commission Secretary will post charges for copies of pamphlets or other material prepared
for distribution to the general public. [Adopted, G.O. 183.] (7-1-93)
305. MAILING, FACSIMILE TRANSMISSION (FAX) (Rule 305).
Neither statute nor these rules obligate the Commission to provide postage and envelopes for
mailing or facsimile transmission (FAX) for documents to be copied. Persons requesting that
documents be copied and sent to them are responsible for providing envelopes and postage,
arrangements for overnight delivery, etc. As time permits, the Commission Staff may respond to
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PUBLIC RECORDS RULES IDAPA 31.02.01
small requests for copying of documents by mailing them or transmitting them by FAX, but in
those cases the requester will be charged for postage or telecommunications charges associated
with the mailing or FAX transmission if the charges are not de minimus. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
306. -- 400. (RESERVED).
RULES 401 THROUGH 500 –
RELATIONSHIP TO RULES AND PRACTICES
401. RULES AND PRACTICES NOT AFFECTED (Rule 401).
These rules implementing the Public Records Act neither expand nor contract the rights of
persons or parties under other statutes, rules or practices of the Commission. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
402. DISCOVERY IN FORMAL CASES NOT COVERED BY THESE RULES (Rule 402).
The right of parties to a formal proceeding governed by the Commission’s Rules of Procedure to
obtain information as part of that formal proceeding is governed by the Commission’s Rules of
Procedure, IDAPA 31.01.01.000 et seq. These rules neither expand nor contract any party’s
rights under those rules. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
403. DISTRIBUTION OF DOCUMENTS UNAFFECTED (Rule 403).
The Commission’s historical distribution of documents to parties to formal proceedings, to other
governmental agencies, and to the media are neither expanded nor contracted by these rules. For
example, copies of orders, press releases, Staff filings, etc., that have historically been distributed
without fee or that are required to be distributed by rule or statute will continue to be distributed
without fee. (7-1-93)
[Adopted, G.O. 183; amended, G.O. 183A.]
404. PARTIES TO FORMAL PROCEEDINGS MAY USE THESE RULES (Rule 404).
No party to a formal proceeding, member of the media, etc., is precluded from independently
asserting the rights of any person to examine and copy public records under these rules, but these
rules, rather than Rules of Procedure, IDAPA 31.01.01.000 et. seq., will govern such a request.
[Adopted, G.O. 183; amended, G.O. 183A.] (7-1-93)
Cross Reference: 31.01.01.000
405. -- 999. (RESERVED).
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