New Hampshire
New Hampshire Right to Know Law
RSA Chapter 91-A
Transparency Score: 72/100
Response Timeline
No fixed statutory response deadline. RSA 91-A requires that records be made available for inspection, but does not specify a number of days for response. Agencies should respond within a 'reasonable' time. The Right to Know Ombudsman may assist in resolving delays.
No residency requirement. Any person may request records.
How to Submit a Request
Accepted Methods
No specific format required. Written requests are recommended for documentation purposes. Requests should identify the records sought with reasonable specificity.
Required Elements
- Description of records sought
- Contact information for response
Optional Elements
- Preferred format (paper vs electronic)
- Preferred delivery method
Fees
Fees limited to actual cost of copying only. No search fees, no review fees, and no advance payment or deposit provisions in the statute. In-person inspection is free. There are no explicit fee waiver provisions.
Fee Waivers
- In-person inspection is always free
- No statutory waiver provisions; agencies may waive at discretion
No explicit fee waiver provisions in the statute. Fees are already limited to actual copying costs, making the fee burden relatively low.
Exemptions
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Records of grand and petit juries (RSA 91-A:5, I)
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Parole and pardon board records (RSA 91-A:5, II)
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Personal school records of pupils (RSA 91-A:5, III)
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Records pertaining to internal personnel practices, medical or welfare data on identifiable individuals, confidential commercial/financial info (RSA 91-A:5, IV)
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Teacher certification records (RSA 91-A:5, V)
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Records relating to emergency function plans that would jeopardize public safety (RSA 91-A:5, VI)
New Hampshire has a relatively short list of statutory exemptions. The privacy exemption (RSA 91-A:5, IV) requires a balancing test weighing the public interest in disclosure against the privacy interest. The burden is on the government to prove an exemption applies.
Appeal Process
1
File complaint with the Right to Know Ombudsman (RSA 91-A:7-a). The Ombudsman investigates and attempts to resolve disputes informally.
2
File petition in superior court for injunctive relief (RSA 91-A:8). Court reviews de novo.
The Right to Know Ombudsman (created by RSA 91-A:7-a) provides a free, informal dispute resolution mechanism. The Ombudsman's role is advisory, not binding. Superior court action is the formal enforcement mechanism. Agency bears the burden of proving withholding was lawful.
Request Templates
NFOIC New Hampshire Sample Request →
National Freedom of Information Coalition
RCFP Open Government Guide - New Hampshire →
Reporters Committee for Freedom of the Press
MuckRock New Hampshire Guide →
MuckRock
NH Right to Know Ombudsman →
New Hampshire Department of Justice
Records Retention
RSA 5:29-5:40
The Division of Archives and Records Management sets state agency retention periods under RSA 5:40. Municipal records are governed separately under RSA 33-A, with the Municipal Records Board maintaining disposition and retention schedules.