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New regulations are set to take effect setting out a process for seeking fee waivers or reductions for public records.
The regulations stem from a lawsuit over the state commerce department's denial of a fee waiver request. In a 2011 decision, Superior Court Judge Frank Pfiffner said the state denies all fee waiver requests "as a matter of course." He ordered the policy be invalidated until the state promulgated new regulations.
Under the new regulations for public or electronic records, requestors must prove, among other things, that the records are likely to contribute significantly to the public's understanding of the workings of state government. The records also can't be requested by or for someone involved suing the agency in which the records are relevant.
The regulations take effect January 19.