Colorado Open Records Act (CORA)
When feasible, the Department should endeavor to provide electronic copies or files to requestors if such alternative is significantly less burdensome to provide than paper records. When responsive records cannot be easily or cost-effectively provided electronically to a requestor, the Department shall work with the requestor to schedule a time to inspect the records in person, allowing for business hours and staffing considerations. The Executive Director's Office or authorized custodians of records may grant exceptions where the Department, requestors, or the records produced require special accommodations. At all times when records are inspected, a member of the Department must be present to maintain custody and integrity of the records. No requestor shall be allowed to photograph, modify, or mar or destroy any records that are provided for inspection.
When a substantial request is made - requiring the production of more than 25 pages of documents or the use of more than two hours of staff time to locate or produce records - the Department shall charge the requestor for all copying expenses and reasonable, actual costs associated with staff time pursuant to §24-72-205(5)(a), C.R.S.
When the number of pages produced pursuant to the Colorado Open Records Act exceeds 25 pages, the Department shall charge $0.25 per page (one side of a sheet of paper) for all documents copied. When producing records (including compiling, reviewing, and redacting) consumes more than two hours of staff time, the Department shall charge $20 per hour for all staff time associated with locating and producing records for a requestor. The Department may also charge an hourly rate greater than $20 per hour when specialized document production or specialized skills are required to locate, compile or produce records pursuant to a records request, including the use of third-party contractors. Any costs charged to a requestor shall not exceed the actual cost of producing the records, per § 24-72-205(5)(a), C.R.S.
For requests where the Department anticipates more than 25 pages will be produced and/or more than two hours of staff time will be consumed, the Department shall provide the requestor with advance notice and an estimate of the cost to comply with the request. Such costs shall be paid by the requestor in full before the production of records unless alternate arrangements have been made and approved by the division director or Executive Director’s Office.
Format of Records Produced
The Colorado Open Records Act guarantees that, "…all public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise specifically provided by law" (§ 24-72-201, C.R.S). The CORA/CJRA Act does not guarantee access to the public records in a specific format. When the production or review of records in a specific format would interfere with the regular discharge of duties of Department employees (§ 24-72-203(l)(a), C.R.S.) or levy an undue burden upon the Department, the Executive Director’s Office or division director shall determine the appropriate format for the records to be produced. Records maintained electronically may be produced electronically at the Department’s discretion.
The Department may require that members of the public or media only be allowed to review copies of documents when the custodian of records determines that allowing access to originals could interfere with the regular discharge of duties of the Department or its members, or that production of original records could jeopardize the condition of the records.