TEMPLATE 05
AFTER A DENIAL
Send the same day you are denied. A verbal denial, a "no
responsive records" with no explanation, or silence after a
partial production all count. Get it in writing and get it
specific. This is the document a court reads first.

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Subject: Re: [ORIGINAL SUBJECT LINE] - request for written grounds

[NAME],

Thank you for your response of [DATE]. You have declined to
produce [DESCRIBE WHAT WAS WITHHELD].

I am requesting a written statement of the grounds for that
denial.

[CORA VERSION]
Under C.R.S. 24-72-204(4), that statement must cite the specific
statutory provision authorizing the denial.

[CCJRA VERSION]
Under C.R.S. 24-72-305(6), that statement must be provided within
seventy-two hours and must cite the law or regulation under which
access is denied, or describe the general nature of the public
interest to be protected.

Please also address the following:

1. For each withheld record or category, the specific exemption
   relied on. A general reference to the statute as a whole is not
   a citation to a provision.

2. Whether the record was withheld in full, and if so why
   redaction of the exempt portion and production of the
   remainder is not possible.

3. If your position is that no responsive records exist, please
   confirm that in writing, describe the search performed,
   including which systems and custodians were searched, and
   identify any responsive records held by a vendor or contractor
   on the agency's behalf.

4. If the denial rests on a determination that disclosure would
   be contrary to the public interest, please identify the
   interest and state that the required balancing was performed.

I would prefer to resolve this without involving the district
court. If there is a narrower version of this request you can
fill, propose it and I will consider it.

Thank you,

[YOUR NAME OR PROJECT NAME]
[EMAIL]
[PHONE]
[DATE]

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IF THEY STILL WILL NOT PRODUCE

CORA: C.R.S. 24-72-204(5) lets you apply to the district court.
You must give the custodian written notice of your intent to
apply at least fourteen days beforehand. If the court finds the
denial was improper, the custodian can be ordered to pay your
court costs and attorney fees.

CCJRA: C.R.S. 24-72-305(7) lets you apply to the district court
where the record is held for an order to show cause. If the court
finds the denial arbitrary or capricious it may order costs and
attorney fees, and for a record of an official action it may
order the custodian personally to pay up to twenty-five dollars
for every day access was improperly denied.

Talk to an attorney before filing anything. I am not one.