Arkansas Freedom of Information Act

Response Timeline

Arkansas has no fixed statutory deadline for responding to FOIA requests. Records must be made available 'immediately' for inspection. In practice, agencies are expected to respond within a reasonable time.

YES - Arkansas citizens only. The Arkansas FOIA limits access to 'citizens of the State of Arkansas.' Non-citizens may use an Arkansas citizen as a proxy to submit requests on their behalf.

How to Submit a Request

Accepted Methods

• Written — Email, mail, or delivered to agency
• In person — Accepted at agency offices
• Oral — Oral requests may be accepted but written is recommended

No specific format required. Written requests are recommended for documentation purposes. Must describe records with enough specificity for the agency to locate them.

Required Elements

• Description of records requested
• Requester contact information

Optional Elements

• Statement of Arkansas citizenship (may be required by agency)
• Preferred format

Fees

Only the actual cost of reproduction may be charged. Agencies cannot charge for personnel time spent searching for or reviewing records. Mailing costs are charged separately. Advance payment may be required if estimated costs exceed $25.

Fee Waivers

• Agencies may waive fees at their discretion for small requests

No statutory fee waiver provision. Fee waivers are at agency discretion.

Exemptions

• Personnel records - clearly unwarranted invasion of personal privacy (section 25-19-105(b)(12))
• Records giving unfair competitive or bargaining advantage (section 25-19-105(b)(9)(A))
• Attorney-client privileged communications
• Trade secrets and proprietary commercial information
• Undisclosed investigations by law enforcement agencies (section 25-19-105(b)(6))
• Records pertaining to litigation (section 25-19-105(b)(7))
• State income tax records (section 25-19-105(b)(1))
• Medical records (section 25-19-105(b)(2))
• Scholastic records (section 25-19-105(b)(3))
• Grand jury minutes (section 25-19-105(b)(5))

Exemptions are listed in section 25-19-105(b). The personnel privacy exemption requires a balancing test weighing the individual's privacy against public interest in disclosure. The 'competitive advantage' exemption is unique to Arkansas.

Appeal Process

For personnel record denials, the Attorney General must issue an opinion within 3 working days of request. For other records, requesters may file suit directly in circuit court. The court reviews denials de novo.

Request Templates

Records Retention

Ark. Code §13-4-101 et seq.

View retention law →

Act 918 of 2005 requires all state agencies to comply with the General Records Retention Schedule. The Arkansas State Archives handles preservation of permanent records with historical value.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Arkansas →
• NFOIC State FOI Resources →