Contracts
Private Sector Vendors & Contractors: Existing Master Services Agreements (MSAs) with state/local agencies require amendment. You must insert a "Notification of TPIA Violation" clause.
- *Requirement:* The agency must agree to notify you immediately if they receive an OAG violation notice regarding your data.
- *Reasoning:* If the agency is found in violation, they have only 5 business days to argue that your trade secrets constitute a "compelling reason" for non-disclosure. If they fail to notify you, they will likely miss this deadline, resulting in the release of your proprietary data.
Hiring/Training
Public Sector/Quasi-Governmental Entities:
- Mandatory Training Trigger: If the OAG determines a "failure to respond" occurred, the Public Information Officer (PIO) must complete mandatory open records training within six months.
- Workflow Training: Staff must be retrained immediately to stop ignoring "nuisance" requests or requests where no documents exist. Silence is now a punishable violation.
Reporting & Record-Keeping
Public Sector/Quasi-Governmental Entities:
- "Negative Response" Logs: You must update tracking software (e.g., GovQA, JustFOIA) to log the exact date and time a "No Responsive Information" notice was sent. This must occur by the 10th business day.
- ORD Citation: If withholding based on a Previous Determination, you must document that the specific Open Records Decision (ORD) number was provided to the requestor in writing by the 10th business day.
Fees & Costs
- Cost Recovery Ban: If the OAG finds a violation, the governmental body is prohibited from charging the requestor for the production of that information.
- Budget Impact: Agencies relying on TPIA cost recovery to offset administrative burdens face a 100% revenue loss on mishandled requests.
