FAQs for Requests
The Public Records Act
The California Public Records Act (CPRA) (Government Code section 7920.000 et seq.) requires that government records be made available for inspection and/or disclosure to the public unless exempted by law. The High-Speed Rail Authority (HSRA) is committed to providing easy access to public records pursuant to CPRA. The public has the right to inspect or obtain a copy of any Public Record, except those records that are legally exempt from public disclosure (California Government Code §§ 7922.000, 7922.525, and 7922.530).
What are Public Records?
Pursuant to (Government Code Section 7920.530), a public record is defined as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics."
How to request a Public Records Act Request
Requestors may submit their CPRA through the Authority's Next Request Portal, which allows anyone to submit a request, correspond with Department staff, and track requests online. Anyone can request public records, regardless of their identity or reason for the request. The law, outlined in (Government Code section 7920.000 et seq)., mandates that HSRA and other government agencies make public records available upon request. Records that do not exist. The CPRA only applies to existing records. The Authority is not obligated to create new documents to respond to a records request. The Authority encourages written requests submitted via our portal. Record request can also be made in person, by telephone, or via U.S. Post. If sending by U.S. Post, please send written request to: Public Records Officer | 770 L Street, Suite 620 MS1 | Sacramento, CA, 95814
When will HSRA respond to my Records Request?
The Authority strives to provide a response in all cases, informing the requestor whether responsive records will be provided within 10 days, pursuant to California (Government Code § 7922.535(a)). The 10-day determination period begins on the first business day following the date the Authority received the request (California Civil Code § 10).
Weekends:
- Requests received between the hours of 5:00 pm on a Friday to 11:59 pm on a Sunday are considered received on the following Monday. When the tenth day falls on a Saturday or Sunday, the due date for the determination is the following Monday.
Holidays:
- Requests received on a holiday are considered received the following business day. A holiday that occurs during the ten-day determination period does not impact the due date for the determination letter, unless the holiday falls on the tenth day. When the tenth day falls on a Saturday, Sunday, or holiday, the deadline automatically rolls over to the next business day. (California Civil Codes § 10 & § 11 and California Government Code § 6700)
If the Authority is unable to make a determination regarding the request within 10 days due to unusual circumstances, as defined in (California Government Code § 7922.535(b)). The Authority will notify the requestor of the reason for the delay and the date when the determination will be issued. No such notice shall specify a date that results in an extension of more than 14 days.
Exempt Records
The Authority may refuse to disclose any records exempt from disclosure under the Public Records Act (Government Code Section 6254). Reasons the Authority may refuse to disclose records include but are not limited to:
- Preliminary drafts, notes, or inter-agency or intra-agency memoranda which are not retained by the Authority in the ordinary course of business, if the public interest in withholding such records clearly outweighs the public interest in disclosure.
- Records pertaining to pending litigation to which the Authority is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) until such litigation or claim has been finally adjudicated or otherwise settled.
- Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
- Geological and geophysical data, plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any person;
- Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination.
- Records of which the disclosure is exempt or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
- Correspondence of and to the Governor or employees of the Governor’s Office or in the custody of or maintained by the Governor’s legal affairs secretary.
Requests should be specific, focused, and not interfere with the ordinary business operations of the Authority.
Note. The COVID 19 state of emergency has impacted our processing times for some Public Records Act requests. Our staff is still receiving and processing requests consistent with Government Code section 7920 et. seq., but due to staff working from multiple remote locations, coordination in the retrieval and review of records may take more time. The Authority endeavors to complete Public Records Act requests with minimal delay. We will let you know as soon as possible if there is any delay anticipated for your request. Thank you for your patience.