The Oklahoma Bar Journal October 2026

avenue for denying a request that is not reasonably specific:

frustrating for both the requestor and the government entity if the original request was improperly labeled or unclear. For instance, imagine going to a restaurant and not receiving a menu; you may end up ordering something other than what you actually wanted. However, if you ask the waiter to see a menu or if you ask politely about what the restaurant has, the experience is more efficient and avoids delays and communication misunderstandings. Following this logic, the ORA now has a built-in back-and-forth communication for the requestor and the government entity under number 7 of 51 O.S. §24A.5. This new language under SB 535 passed in 2025 now clarifies in statute that a public body may require a requestor to complete a records request form. Under the new language: “If a records request does not describe the requested records with reasonable specificity, a public body may ask the requestor to clarify the request. To have reasonable specificity, a request shall: a. specify a general time frame within which the requested records would have been created or transmitted, b. seek identifiable records, rather than general infor mation without any quali fiers or other specifications, and c. include search terms that are sufficiently specific to assist the public body in identify ing the requested records.” 33 The language next describes what happens if the requestor is not being specific and provides an

advance payment that exceeds the costs of responding to the request shall be returned to the requestor.” 26 A public body can charge a fee for recovery of the reasonable direct costs of record copying or mechanical reproduction. 27 The record copying fee cannot exceed 25 cents per page or $1 per copied page for a certified copy, unless another state law prescribes a different cost for particular indi vidual records. 28 Therefore, the $75 deposit implemented by a public body could be triggered if the page count is over 300 pages. In addition to copy fees, a public body can charge a search fee for the reasonable direct cost of record search and copying if the request is solely for a com mercial purpose, or if fulfilling the request would clearly cause excessive disruption of the essen tial functions of the public body. 29 However, the ORA provides that no search fee shall be charged when release of records is in the public interest, including release to the news media, scholars, authors, and taxpayers seeking to deter mine whether public servants are honestly, faithfully, and compe tently performing their duties. 30 It is important to note the written fee schedule must be posted at the principal office of the public body and with the county clerk. 31 An example fee schedule is found on the attorney general’s website. PROCESS FOR OVERLY BROAD REQUESTS AND METHOD FOR RESPONDING TO REQUESTS Another change to the ORA to address the rising efficiency issues is a new process to narrow down overly broad requests. 32 It can be

“If a public body has engaged with the requestor to seek the information needed to fulfill the request and to identify the records sought by the requestor, including providing the requestor with general topics or a spe cific list of records related to the request, the request may be denied if it is still not rea sonably specific.” 34 This language does not allow a governing body to deny a request that is not reasonably specific without attempting to help the requestor narrow the request by providing the requestor with at least general topics of records. This language helps with the efficient use of staff time and taxpayer dollars while ensuring a good faith effort is made to pro vide the records the requestor is seeking as the author of the bill explained on the Senate floor. 35 Another change to the Open Records Act that helps with effi ciency is 51 O.S. 24A.40. Under this statute, any person whose request to inspect or copy a public record is denied by a public body may file a request for review with the public access counselor (PAC) in the Office of the Attorney General. 36 However, if a public body determined the request was for a commercial pur pose after the records request was made, the PAC will only review whether a proper determination was made regarding treating the request as commercial. 37 ATTORNEY GENERAL’S NEW INVOLVEMENT WITH THE ORA AND CIVIL SUIT CHANGES

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL