(1) To seek specific enforcement of a request made pursuant to Section 30430 when the public body from which the records are requested fails to comply with the time limits provided in Section 30430(c). (2) To challenge the reasonableness of a fee assessed pursuant to Section 30430. A determination of the Office of Freedom of Information Act Review may be appealed to the Administrative Law Court or enforced by an administrative law judge pursuant to Section 123665. (c) A public body may file a request for hearing with the Office of Freedom of Information Act Review pursuant to Section 123665 to seek relief from unduly burdensome, overly broad, or otherwise improper requests. (bd) If a person or entity seeking such relief under this section prevails, he or it may be awarded reasonable attorney fees and other costs of litigation. If such the person or entity prevails in part, the court may in its discretion award him or it reasonable attorney fees or an appropriate portion thereof of them.” SECTION 3. Section 304110 of the 1976 Code is amended to read: 304110. Any A person or group of persons who “Section willfully wilfully violates the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction shall, must be fined not more than one five hundred dollars or imprisoned for not more than thirty days for the first offense, shall be fined not more than two hundred one thousand dollars or imprisoned for not more than sixty days for the second offense, and shall be fined three fifteen hundred dollars or imprisoned for not more than ninety days for the third or subsequent offense. The responsible officer or public official of an agency found to have wilfully violated the provisions of this chapter may be punished pursuant to this chapter.” SECTION 4. Chapter 23, Title 1 of the 1976 Code is amended by adding: 123665. (A) There is created within the “Section Administrative Law Court the Office of Freedom of Information Act Review. The chief judge of the Administrative Law Court shall serve as the director of the Office of Freedom of Information Act Review. The hearing officers and staff must be appointed, hired, contracted, and supervised by the chief judge of the court, shall exercise their adjudicatory functions, duties, and responsibilities under the auspices of the Administrative Law
(1) To seek specific enforcement of a request made pursuant to Section 30430 when the public body from which the records are requested fails to comply with the time limits provided in Section 30430(c). (2) To challenge the reasonableness of a fee assessed pursuant to Section 30430. A determination of the Office of Freedom of Information Act Review may be appealed to the Administrative Law Court or enforced by an administrative law judge pursuant to Section 123665. (c) A public body may file a request for hearing with the Office of Freedom of Information Act Review pursuant to Section 123665 to seek relief from unduly burdensome, overly broad, or otherwise improper requests. (bd) If a person or entity seeking such relief under this section prevails, he or it may be awarded reasonable attorney fees and other costs of litigation. If such the person or entity prevails in part, the court may in its discretion award him or it reasonable attorney fees or an appropriate portion thereof of them.” SECTION 3. Section 304110 of the 1976 Code is amended to read: “Section 304110. Any A person or group of persons who willfully wilfully violates the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction shall, must be fined not more than one five hundred dollars or imprisoned for not more than thirty days for the first offense, shall be fined not more than two hundred one thousand dollars or imprisoned for not more than sixty days for the second offense, and shall be fined three fifteen hundred dollars or imprisoned for not more than ninety days for the third or subsequent offense. The responsible officer or public official of an agency found to have wilfully violated the provisions of this chapter may be punished pursuant to this chapter.” SECTION 4. Chapter 23, Title 1 of the 1976 Code is amended by adding: “Section 123665. (A) There is created within the Administrative Law Court the Office of Freedom of Information Act Review. The chief judge of the Administrative Law Court shall serve as the director of the Office of Freedom of Information Act Review. The hearing officers and staff must be appointed, hired, contracted, and supervised by the chief judge of the court, shall exercise their adjudicatory functions, duties, and responsibilities under the auspices of the Administrative Law
3163_20130227.docx