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Official Code of Georgia Annotated

Title 50. STATE GOVERNMENT · Chapter 18. STATE PRINTING AND DOCUMENTS · Article 4. INSPECTION OF PUBLIC RECORDS

50-18-73. Jurisdiction to enforce article; attorney’s fees and litigation expenses; good faith reliance as defense to action.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. In addition, the Attorney General shall have authority to bring such actions in his or her discretion as may be appropriate to enforce compliance with this article and to seek either civil or criminal penalties or both.#

  2. (b)

    In any action brought to enforce the provisions of this chapter in which the court determines that either party acted without substantial justification either in not complying with this chapter or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney’s fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.#

  3. (c)

    Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of such decision.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 50-18-73, enacted by Ga. L. 1982, p. 1789, § 1; Ga. L. 1988, p. 243, § 4; Ga. L. 1992, p. 1061, § 9; Ga. L. 1998, p. 595, § 2; Ga. L. 2012, p. 218, § 2/HB 397.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1992, ‘‘it’’ was substituted for ‘‘if’’ in subsection (b).

Law reviews

For review of 1998 legislation relating to state government, see 15 Ga. St. U.L. Rev. 242 (1998). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012). For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t50-ch13-40-(v38a)-2021-pdf.pdf, Volume V38A, 2021 edition, page 367; merge action: annotated; file SHA-256 1cacff3315fb.