MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 903 - INSPECTION OF PUBLIC RECORDS -- DISCLOSURE PROCEDURE
(Adopted 3-8-84)

  1. Any request to inspect public records in the custody of the District shall be in writing.  The written request need not be in any particular form, but it must describe the records sought to be inspected with sufficient specificity to enable the District to identify the exact information sought.  Each written request shall include but shall not be limited to the following:
    1.1. Name of applicant (if the applicant is not a naturalized person, the name of the individual making the application and his/her representative capacity shall also be set forth);
    1.2. Address and legal residence of applicant;
    1.3. Emission source(s) and/or records of interest, for which the inspecton request is made; and,
    1.4. Dates of period(s) for emissions of interest.
  2. The District shall make available for inspection the records requested, with the exception of those records specifically exempted from disclosure by State law and those records labelled as "trade secret" pursuant to Rule 902, which are not emissions data, without undue delay upon receipt of the written request for inspection.  If, for good cause, the information requested cannot be made available without delay, the District shall inform the requesting party of the reason(s) for the delay and when the information requested will probably be available for inspection.  Those records labelled as "trade secrets" will be governed by the procedure set forth in Rule 904.
  3. Upon receipt of a written request to inspect public records, the District shall advise the requesting party of the following, when appropriate:
    3.1. The location at which the public records in question may be inspected and the date and office hours during which they may be inspected, if the records are not located on the premises;
    3.2. If copies of the public records are requested, the cost of providing such copies;
    3.3. Which of the records requested, if any, have been labelled as "trade secret" pursuant to Rule 901 and are thus not public records;
    3.4. The specific reason(s) why the records cannot be made available, if such is the case.  Reasons for unavailability may include, but are not limited to the following:
      3.4.1 the records are exempt from disclosure by law;
      3.4.2. the records cannot be identified from the information contained in the written request;
      3.4.3. the records do not exist;
      3.4.4. the District has determined pursuant to Government Code Section 6255 that on the facts of the particular case, the public interest served by not making the record(s) requested available for inspection clearly outweighs the public interest served by disclosure of the records sought; and/or,
      3.4.5. the records sought are not in custody of the District.

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