
PUBLIC
RECORD REQUEST POLICY
(Revised
10/22/07)

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Per Nevada Revised Statutes 239
and in accordance with Senate Bill 123 (passed during the 2007 legislative
session and signed into law by the Governor), upon receipt of a written request
to inspect
or copy a public book or record, the Nevada Department of Health and
Human Services (DHHS) will comply with any such request to personally inspect
such public records within 5 business days of receiving a written request.
Please note the five day time frame applies only to
the personal inspection of a public book or record by the requester.
It does not apply to information that must be gathered and compiled.
Persons making such requests will be notified within five days of
receipt of a written request for such public records when the material will be
available for pick up or delivery.
Upon receipt of a
written request to inspect or copy public record documents, the requester will
be notified by the agency’s Public Information Officer, or another appropriate
DHHS employee, when the material is ready for inspection.
Inspection of such
public books or records must take place in the appropriate DHHS office during
normal business hours, Monday through Friday, 8:00 AM to 5:00 PM.
If the requester asks for copies of specific documents while on site,
copies will be made by DHHS staff.
If the appropriate
DHHS office cannot comply with the request to inspect or copy public record
documents within five business days, the requester will be notified of the date
and time such records will be available.
Please note,
a state agency is not required, nor is it obligated, to comply with a request
for information that is not compiled or tracked as a standard procedure of the
agency, or that is compiled or tracked in a different way by the agency.
Further, the agency is not obligated to create new materials to comply
with a public record document request.
The party
requesting the information may be directed to the agency’s website (http://dhhs.nv.gov),
where many documents are posted online in PDF and/or Word format.
DHHS does not
charge a fee for copies of public record document requests that are less than 50
pages and do not require redacting of personal or other HIPAA privacy protected
information. However, in accordance
with NRS 239.055, a fee of 15 cents per
page will be assessed for all requests of more than 50 pages of documents.
All documents are reproduced in single-sided, black and white, format.
In accordance with
NRS 629.061, requests for copies of
medical records may be assessed at not more than 60 cents per page,
beginning with the first page being copied.
Requester may also
be required to pay for postage of mailings of more than 50 pages.
If a fee is
to be assessed, the requester will be notified immediately. Once the estimated fee has been determined, the requester
must remit a money order for the entire amount, payable to “DHHS-Director’s Office” or to the appropriate DHHS Division
completing the request, prior to the request being honored.
If the actual fee is less than estimated, as quickly as possible, the
requester will be mailed a check for the balance.
In accordance with
NRS 239.055, if a request for copies of public books or records will require
extraordinary use of personnel or technological resources, including the
redaction of personal or other HIPAA privacy protected information, a government
entity may charge a reasonable fee to comply with such an extraordinary request.
The standard fee charged by DHHS is $19 per hour.
Staff time to complete the request will be rounded to the nearest hour.
If a fee is to be
assessed for extraordinary use of personnel and technological resources, the
requester will be notified before any such work begins.
Once the estimated fee has been determined, the requester must remit a
money order for the entire amount, payable to DHHS-Director’s Office or to the appropriate DHHS Division
completing the request, prior to the request being honored.
If the actual fee is less than estimated, as quickly as possible, the
requester will be mailed a check for the balance.
When requested
copies of a public book or record are completed, DHHS will either notify the
requester that the information may be picked up at the appropriate DHHS office,
or notify the requester that the information has been sent via regular mail.
The requester may
ask that requested information be copied, bound, etc. by a commercial copy
service, which would then directly bill the requester for such services,
including, if necessary, delivery of completed materials.
Further, if the volume of copies requested would result in an extended
delay if completed by DHHS, the agency may have such work completed by a
commercial copy service, the cost of which would be billed to the requester.
If the public
books or records are classified as confidential, the requester will be notified
in writing, including a citation to the legal authority that makes the book or
record confidential. If the
confidentiality of the public record can be alleviated by a redaction of
confidential information contained within the document, DHHS will notify the
requester when that process has been completed. Further, if the requester disagrees with the confidentiality
classification of a public record or document, the requester may seek legal
relief in a Nevada State District Court, at which time the burden of proving
such confidentiality will be on the public entity.
Per NAC 284.718
personnel-related documents are not considered public records.
Per NRS 439C.140, 120, and 210, emergency response plans are also not
considered public documents. Information
deemed confidential under the Health Insurance Portability and Accountability
Act (HIPAA) is not a public record. Further,
any personal identifying information, including social security numbers, will be
redacted on copies of public record documents.
Requests for
public information documents can be made via regular mail or email.
All such requests for DHHS public
record documents must be sent to:
§
Dept. of Health and
Human Services
4126 Technology Way, Suite 100
Carson City, NV 89706
§
Email: nvdhhs@dhhs.nv.gov
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