Montana Code 2-6-1009. Written notice of denial — failure to meet response deadline — civil action — costs to prevailing party in certain actions to enforce constitutional or statutory rights
2-6-1009. Written notice of denial — failure to meet response deadline — civil action — costs to prevailing party in certain actions to enforce constitutional or statutory rights. (1) A public agency that denies an information request to release information or records shall provide a written explanation for the denial.
Terms Used In Montana Code 2-6-1009
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Executive branch agency: means a department, board, commission, office, bureau, or other public authority of the executive branch of state government. See Montana Code 2-6-1002
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public agency: means the executive, legislative, and judicial branches of Montana state government, a political subdivision of the state, a local government, and any agency, department, board, commission, office, bureau, division, or other public authority of the executive, legislative, or judicial branch of the state of Montana. See Montana Code 2-6-1002
(2)If a person who makes an information request receives a denial from a public agency and believes that the denial violates the provisions of this chapter, the person may file a complaint pursuant to the Montana Rules of Civil Procedure in district court.
(3)If a person who makes an information request to an executive branch agency does not receive a response from the agency as required in 2-6-1006(3), the person may file a complaint in district court.
(4)A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person’s rights under Article II, section 9, of the Montana constitution or under the provisions of Title 2, chapter 6, parts 10 through 12, may be awarded costs and reasonable attorney fees.