Understanding the Nevada Public Records Act (NRS 239)

The Nevada Public Records Act guarantees that all public books and public records of a governmental entity must be open to public inspection.

The 5-Day Rule

By law, a government entity must respond to a public records request within five business days of receiving it. They must either:

• Provide the record.
• Provide a date and time when the record will be available.
• Notify the requester that the entity does not have the record (and provide contact info for the entity that does, if known).
• Deny the request with a specific legal citation explaining why the record is confidential.

Enforcement and Fines

If an entity unlawfully withholds a record, the requester can sue. If the court finds in favor of the requester, the government entity must pay the requester's attorney's fees and costs. Additionally, willful violations can result in civil penalties for the individual officials.