www.ire.org
FOIA Study grading scale

1. Initial Response Time
0 points: There is no statutory provision for response time
1 point: 'Reasonable Time'
2 points: 24-30 Days
3 points: 16-23 Days
4 points: 8-15 Days
5 points: 1-7

2. Appeals Process
0 points: There is no statutory provision for appeal process
1 point: Petitioner may appeal directly to district court
2 points: Petitioner must appeal to the head of the agency, then petitioner must appeal ombudsman and then petitioner may appeal to the district court
3 points: Petitioner must appeal to a designated entity as provided by statute, either the head of the agency or an ombudsman, then petitioner may appeal to the district court
4 points: Petitioner must appeal first to entity of their choice, either the head of the agency or an ombudsman, then the petitioner may appeal to the district court
5 points: Petitioner may appeal to the head of the agency and/or an ombudsman or the district court

BGA survey of FOI laws

3. Expediency in Court
0 points: There is no statutory provision for expediency
1 point: The petitioner must make a motion showing special circumstances for the appeal to be expedited
2 points: "As soon as practicable"
3 points: The appeal must be expedited and heard within 21-30 days
4 points: The appeal must be expedited and heard within 11-20 days
5 points: The appeal must be expedited and heard within 1-10 days

4. Attorney's Fees and Costs
0 points: There is no statutory provision for attorney's fees and costs
1 point: Attorney's fees and costs will only be awarded if the denial was arbitrary and capricious
2 points: May be awarded if the petitioner prevails, but it is at the court's discretion
3 points: May be awarded if the petitioner prevails or substantially prevails,
but it is at the court's discretion
4 points: Shall be awarded if the petitioner prevails
5 points: Shall be awarded of the petitioner prevails or substantially prevails

5. Penalties
0 points: There is no statutory provision for penalties
1 point: A violator is subject to either criminal or civil penalties, but not both
2 points: A violator may be subject to both criminal or civil penalties
3 points: A violator is subject to either criminal or civil penalties, and those penalties increase with multiple violations
4 points: A violator may be subject to both criminal and civil penalties, and those penalties increase with multiple violations
5 points: A statute includes a variation of penalties which includes possible termination of an employee that violates the statute