This site is a research reference, not legal advice. See the FAQ disclaimer for details.

3(g)

FOIA

Unduly burdensome categorical request

Unduly burdensome categorical request (may be denied if it can't be narrowed and the burden outweighs the public interest)

Read the full statute text on /statutes →

1 upheld (no violation found) · 1 rejected (violation found), out of 2 documents.

Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.

How the Public Access Counselor has treated 3(g)

This exception covers categorical FOIA requests that would impose an undue burden on a public body. It may apply when responding would require extensive searching or review, and the request cannot be narrowed after an opportunity to do so and the burden outweighs the public interest in the records. It also addresses repeated requests from the same person for records previously provided or properly denied.

In these decisions, the PAC did not accept a burden claim where the body had not conducted a reasonable search for responsive communications, billing and expense records. A violation was found where records were withheld and claims of no responsive records were unsupported. By contrast, no violation was found where a road district denied a repeat request from one member of a coordinated group that shared requests and responses, treating the group as a single person.

At a glance: 2 documents from 2014(1 binding opinion, 1 determination letter). Most often cited alongside: 7 (General exemptions provision) (1); 7(1)(m) (Attorney/auditor communications and litigation-preparation materials) (1).

Recurring issues

Practical points

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.

All 2 documents citing 3(g)