Policy on Responses to
Responsible Administrative Unit:
Public Records Requests Office of Legal Services


Policy Contact:
Issued: August 27, 2014
Anne Stark Walker


General Counsel
Revised:

aswalker@mines.edu



1.0
BACKGROUND AND PURPOSE

The following constitutes the policy of the Colorado School of Mines (“Mines” or
“university”) regarding response to requests for inspection and copies of “public records”
as that term is defined under the Colorado Open Records Act (“CORA”), C.R.S. § 24-72-
200.1 et seq. The provisions of this policy set forth the university’s rules for the
inspection of public records in the custody or control of Mines. These rules are
reasonably necessary for the protection of such records, and the prevention of
unnecessary interference with the regular discharge of the duties of the Mines’ records
custodian or the custodian’s office.

2.0
POLICY

This policy applies to all requests pursuant to C.R.S. § 24-72-200.1, et seq., to inspect
public records in the custody or control of the university. Please be advised that Mines is
not obligated to act upon a CORA request unless and until the request meets the
requirements of this policy.

2.1 Requirements for Requests to Inspect Public Records in the Custody or

Control of the Colorado School of Mines

a. All requests must be submitted in writing to Mines’ Office of Legal
Services, which will direct requests to the appropriate custodian of the
relevant records.

b. Requests may be delivered via mail, courier or facsimile. Requests
sent via electronic mail will not automatically be accepted. Due to
spam filters and similar computer software, the university cannot
guarantee that an e-mail request has been received by the custodian.
Should Mines accept an e-mail request, the statutory time for
response will begin when Mines provides confirmation to the
requesting party.

c. All requests for records must be specific as to the records sought and
the relevant dates. Requests for correspondence must identify the
parties to the correspondence. For any request that is vague or
broadly stated, the custodian may require the requesting party to
provide a more specific request.

d. The university is not required by CORA to construct or create a record
that does not exist. Additionally, the university is not required to




Policy on Responses to
Responsible Administrative Unit:
Public Records Requests Office of Legal Services


Policy Contact:
Issued: August 27, 2014
Anne Stark Walker


General Counsel
Revised:

aswalker@mines.edu


reformat or analyze information in a new way in order to respond to a
request.

e. Time for response to CORA requests that comply with this policy shall
be as follows:

1) The normal time for production shall be three (3) working days,
beginning on the first business day after the request is received
by Mines.
2) Such periods may be extended upon determination by Mines
that extenuating circumstances exist. Such period of extension
shall not normally exceed seven (7) working days. The
requesting party shall be notified of the extension within the
original three-day period.
3) These time periods for responding to requests shall not apply
to (a) requests that do not comply with this policy, (b) requests
that are so broad or burdensome they interfere with university
employees’ regular work duties, or (c) requests for which the
requesting party has failed to pay the appropriate charges.

f. Requests to inspect records shall not take priority over the regular
work activities of university employees.

g. If a requesting party wishes to inspect available records in advance or
in lieu of receiving copies, such inspection shall be by appointment
only during normal working hours. Such inspection shall occur on-site
and may be supervised by a university representative.

2.2 Charges for Copies of Requested Records

a. The normal cost for requested documents shall be $.25 per page or,
for documents in non-standard formats, the actual duplication costs.

b. At Mines’ prerogative, the requesting party may also be charged a
reasonable research, retrieval and review fee based on the actual
cost of responding to the request; provided, however, that the hourly
rate for employee time expended in connection with the research,
retrieval and review of records shall not exceed $30 per hour. There
shall be no charge for the first hour of employee time. When additional
research and retrieval fees are charged under this provision, copying
shall be billed at a rate of $.25 per page.

c. Where the record is a result of computer output other than word
processing, the requesting party will be charged, unless waived or




Policy on Responses to
Responsible Administrative Unit:
Public Records Requests Office of Legal Services


Policy Contact:
Issued: August 27, 2014
Anne Stark Walker


General Counsel
Revised:

aswalker@mines.edu


reduced by Mines, the actual incremental costs of providing the
electronic services and products, together with a reasonable portion of
the costs associated with building and maintaining the information
system.

d. While not required, Mines may choose to reformat or analyze
information in a new way in order to respond to a request. Where the
record is a result of such reformatting or analysis, the requesting party
will be charged, unless waived or reduced by Mines, the actual costs
of creating the record.

e. Unless waived by Mines, the requesting party will be charged the cost
of transmitting the records to the requesting party by United States
mail or other delivery service. If records are transmitted by e-mail, no
fee will be charged for such transmission.

f. Mines will not transmit any records to the requesting party until full
payment for the appropriate fees has been received.

g. If charges are expected to exceed $25, Mines will provide the
requesting party with an estimate of the cost of responding prior to
responding and may require a deposit. If the requesting party wishes
to proceed once receiving an estimate, he or she must confirm this in
writing. By providing this written confirmation to proceed, the
requesting party agrees to pay all fees associated with responding to
the request. The time between the date of Mines’ cost estimate and
the date Mines receives a written confirmation to proceed will not be
counted against the time period set forth above.

2.3 Mines Contact for Records Requests

In addition to any requirements under this policy and CORA, a request must
include the requesting party’s name, and mailing and e-mail addresses, and
must be sent to the following:



Office of Legal Services
Colorado School of Mines


1500 Illinois Street


Golden, CO 80401


Fax: 303-273-3289


Email: Openrecordsrequests@mines.edu





Policy on Responses to
Responsible Administrative Unit:
Public Records Requests Office of Legal Services


Policy Contact:
Issued: August 27, 2014
Anne Stark Walker


General Counsel
Revised:

aswalker@mines.edu



3.0 IMPLEMENTATION AND OTHER RESOURCES


Subsequent to the approval of this policy, if CORA or other related and relevant
legislation is amended, Mines’ policy will be applied consistent with the provisions of any
such amendments.

Questions about the interpretation or application of this policy should be raised with the
Office of Legal Services, which shall administer and oversee the implementation of the
policy in a manner that best achieves its goals.