As a public agency, the Industrial Commission of Arizona generates and maintains public records. Public records generally consist of anything created or received by the Commission or its employees that relates to public business. The Commission’s public records may be requested or are available for inspection unless: (1) they are confidential by law (statute, rule, or privilege); (2) privacy interests outweigh the public’s right to know; or (3) disclosure is not in the best interests of the State.
How Do I Request Public Records from the Commission?
To obtain public records, please complete and submit the Public Records Request Form in its entirety. It is important that the request be as detailed as possible to avoid delay and the need for further communications prior to providing the requested records. A request must, if applicable, be accompanied by required authorizations, court orders, and/or a statement of commercial use. Failure to provide necessary information or to submit required supporting documentation will delay the processing of the request.
You may submit an Public Records Request in the following ways:
Electronically (preferred):
Via the Commission’s Website (http://www.azica.gov/forms)
In-person or by mail:
Industrial Commission of Arizona
c/o Legal Division
800 West Washington Street
Phoenix, Arizona 85007
By Fax:
(602)-542-6783
Public record requests are processed in the order received and may take up to 30 days to fulfill, although the response time can be shorter or longer depending on the request, the location of the requested records, and the amount of research required. Please be advised that Arizona law does not require the Commission to create records that do not already exist in order to comply with a public records request. Requests for customized reports and/or data may be denied.
What Fees are Associated with a Public Records Request?
As permitted by A.R.S. § 39-121.01(D)(1), the Commission charges a fee to cover the costs of reproduction and postage for public records being requested for non-commercial purposes. Additional charges apply to public records requested for a “commercial purpose.” See A.R.S. § 39-121.03. A “commercial purpose” is defined by A.R.S. §39-121.03(D) as “the use of public record for the purpose of the sale or resale or for the purpose of producing a document containing all or part of the copy, printout, or photograph for sale, or obtaining of names and addresses from such public records for the purpose of solicitation, or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public record.”
Public records requests will be subject to the following fees:
- In-Person Review – No charge. An appointment must be made with the Commission in order to review records. Walk-in requests without an appointment will not be honored.
- Copies of Documents – 25¢ per page (greyscale)/$1.00 per page (color) and copy time at $10.00 per hour (with a minimum charge of $10.00) will be charged for copies of records that are provided for a noncommercial use. Records provided for commercial use may include additional charges pursuant to A.R.S. § 39-121.03(A), including: (1) a reasonable fee for the cost of time, materials, equipment and personnel (at a rate of at least $15 per hour) in producing the requested information; (2) the value of the records on the commercial market; and (3) a portion of the cost to the Commission in obtaining the original records.
- Photographs/Audio/Video – $1.00 per page or $10.00 per CD/DVD will be charged for standard reproductions of photographs, audio recordings, or video recordings. For non-standard reproductions, actual costs of reproduction will be charged.
- Information contained in an electronic database – $70.00 will be charged for a copy of an electronic database if requested for a noncommercial use. If a database is requested for a commercial use, additional fees may be charged pursuant to A.R.S. § 39-121.03(A). The standard fee for a copy of a database for commercial use is $570.00.
- Postage - $2.00 will be charged for a large envelope and 49¢ will be charged for a standard letter. For non-standard delivery, actual costs will be charged.
Once public records have been identified and gathered, the requestor will be notified of the total amount due. Payment is required before any records will be provided. Only exact cash, checks, or money orders, payable to “Industrial Commission of Arizona” will be accepted. Payment must be hand-delivered or sent to the address above. The Commission does not accept credit card payments for public records fees.
Legal Review
In some cases, records may be required to undergo legal review prior to release to the public. Records or parts of records may not be subject to public disclosure, including attorney-client privileged information, attorney work product, information protected by privacy interests, trade secrets, executive session minutes, other information deemed confidential by law, or information where release would be detrimental to the best interests of the government. The Commission will notify you if a requested record or part of a record is restricted by law. Records that are not subject to disclosure will be withheld. Records that are subject to disclosure, but which contain information that is private or confidential, will require redaction, meaning that the non-releasable portions of the document will be removed or otherwise obscured so that it cannot be read.
Please be advised that workers’ compensation claim records are private and confidential. See A.R.S. § 23-908; A.A.C. R20-5-108(A). Workers’ compensation claim records will only be released to an interested party to a workers’ compensation claim (or their authorized representative, upon submission of a written authorization) or to a person that has received: (1) a written authorization signed by the affected claimant or the affected claimant’s authorized representative or (2) a court order. See A.R.S. § 23-941(H); A.A.C. R20-5-108.
Further Information
For additional information, please see Arizona Revised Statutes §§ 39-121 et seq. Answers to frequently asked questions relating to public records requests are available through the Office of the Arizona Ombudsman at http://www.azoca.gov/resources/faqs/faqs-public-access-laws/
