PUBLIC RECORD ACT REQUESTS

The public has a right under the California Constitution and the California Public Records Act (PRA) to access public information maintained by all state governmental agencies, including the Professional Fiduciaries Bureau (Bureau). Please read below to learn more about the PRA process and how to submit a PRA request to the Bureau.

The Bureau will provide access to public records upon request unless the PRA or other state or federal law exempts or prohibits the record from being disclosed. Some of the most common reasons for the Bureau refusing to disclose records are because the records requested constitute complaint or investigation records, or because disclosure would violate the right to privacy guaranteed by the California Constitution. If public records contain both disclosable and exempt information, Bureau staff may remove or redact exempt information from the records and disclose the remainder of the records.

Public information maintained by the Bureau such as disciplinary action documents and licensing and enforcement data is available on the Bureau’s website and/or through the Department of Consumer Affairs’ online license search tool and open data portal.

A request for records should be specific and focused. Requestors should provide specific information about the records they seek including names and license numbers. When a record cannot be identified by name, the requestor should attempt to be as specific as possible in describing the record based on its content. When a request is not specific, Bureau staff will help the requestor to identify the information by describing how the records are maintained and provide suggestions on how to overcome any practical barriers to disclosure.

Public records maintained by the Bureau are available for inspection during regular business hours, excluding state holidays. Members of the public are not required to give notice to inspect public records at the Bureau’s office during regular business hours; however, if the request requires the retrieval, review or redaction of records, or the review of numerous records, a mutually agreeable time is preferable for the inspection of records. In order to prevent records from being lost, damaged or destroyed during an inspection, Bureau staff may monitor the inspection of records. Additionally, the operational functions of the Bureau will not be suspended to permit inspection of records during periods in which Bureau staff reasonably requires such records for the performance of their duties. Last, the Bureau is committed to providing the public access to public records to the extent it is operationally feasible. As such, there may be instances where the Bureau may not be able to provide immediate access for the records to be inspected. If this should occur, the Bureau will follow the procedure listed in Government Code section 6253, subdivision (c) or it may arrange with the requester a mutually agreed upon time for the inspection of the requested records.

PRA requests may be submitted by mail, fax or e-mail to:

Professional Fiduciaries Bureau
1625 North Market Blvd, Suite S-209
Sacramento, CA 95834
Fax: (916) 574-8645
E-mail: fiduciary@dca.ca.gov

The Bureau will respond to the PRA request within 10 calendar days of receipt. If immediate disclosure is not possible, the Bureau will provide an estimated date when the records will be provided, and fees, if any, for providing the records.

The PRA request should include the requestor’s name and mailing address, telephone number, and/or email address and a detailed description of the records being requested.

The PRA authorizes the Bureau to charge fees for the production of copies of a public record ($.10 per page) and associated postage costs. Charges related to the cost of staff time for retrieving, duplicating and redacting a record is computed in accordance with the guidelines contained in Section 8740 of the State Administrative Manual and is authorized by Business and Professions Code section 161. However, the Bureau may waive a charge if the cost of the retrieval, duplication and redaction of the record is less than the cost of processing the payment.