Open Records & Information Access

All persons are entitled by law to factual information in the possession of the Department of Commerce, including records created or received by Commerce and its employees in connection with the transaction of public business. See WI Stat. Ch. 19.31-39.

A request must be reasonably specific as to subject matter and length of time involved.  Continuing requests are not permitted.

Certain information and records are exempted from open records requirements.  When the requested records are not provided, the Department shall provide specific and sufficient reasons in writing for the denial.

Requesting Records

The most efficient method of requesting and receiving records is by filling out an online Open Records Request.  Requests may also be directed to the Department of Commerce's Legal Counsel and Custodian of Record, Joe Thomas at (608)261-5402.

Inspecting Records

Commerce records are available for inspection and copying during normal business hours in Commerce offices, unless other hours are posted.  Except for legal holidays, those hours are: Monday-Friday: 7:45 AM to 4:30 PM

Receiving Records

Commerce gives requests high priority and provides requested records "as soon as practicable and without delay". A reasonable time for response to any specific request depends on the nature of the request, the staff and other resources available to the authority to process the request, the extent of the request, and related considerations.  Although the public records law does not require response within any specific time, records are generally available within ten working days.

Fees

Commerce charges the actual, necessary and direct costs for copies of records, which are established as follows:

• Location costs. Where the cost of locating a record exceeds $50.00, the actual, necessary and direct cost of locating the record will be charged. See Wis. Stat. Ch. 19.35(3)(c).
• Copying costs. $0.20 per page for the copying of customary and ordinary 8½ by 11 hard copy records. The requestor may request the copying of a large volume of records on an expedited basis by a bonded copying service in which case, if approved by the Department, the requestor would pay the rate charged by the service.
• IT costs. The Department charges $95.00 per hour for the production of a computer record which is not in a readily comprehensible form to obtain the information from the computer database and assemble and reduce such information to written form on paper.
• Mailing costs. The actual, necessary and direct cost of mailing or shipping of copies of records shall be paid by the requestor.
• State Record Center costs. Some files may be located at the State of Wisconsin Record Center which has a call fee of $3.50 per file. This shall be paid by the requestor.

Where the total cost of fees exceeds $5.00, the Department shall get approval from the requestor with respect to the fees associated with the request prior to incurring any costs associated with the request.

Where the total cost of fees exceeds $5.00, prepayment is required.

More Information about Wisconsin's Open Records Law

• Frequently Asked Questions
• Wisconsin Statute Ch. 19.31-39
• Department of Justice Compliance Outline