P-0350 - Citizens Access To Public Records 04-19-1988-5

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071 132-8.2 CH. 132. PUBLIC RECORDS ~ 132.9 132-8.2. Selection and preservation of records considered essential; making or desig- nation of preservation duplicates; force and effect of duplicates or copies thereof. In cooperation with the head of each State agency and the gov- erning body of each county, municipality, and other subdivision of government, the Department of Cultural Resources shall establish and maintain a program for the selection and preservation of public records considered essential to the operation of government and to the protection of the rights and interests of persons, and,:within the limitations of funds available for the purpose, shall make Qr cause to be made preservation duplicates or designate as preservation duplicates existing copies of such essential public records. Preserva- tion duplicates shall be durable, accurate, complete and clear,'and such duplicates made by a photographic, photostatic, microfilm, micro card, miniature photographic, or other process which accu- rately reproduces and forms a durable medium for so reproducing the original shall have the same force and effect for all purposes as the original record whether the original record is in existence or not. A transcript, exemplification, or certified copy of such preser- vation duplicate shall be deemed for all purposes to be a transcript, exemplification, or certified copy of the original record. Such preser- vation duplicates shall be preserved in the place and manner of safekeeping prescribed by the Department of Cultural Resources. (1961, c. 1041; 1973, c. 476, s. 48.) § 132-9. Access to records. 1. Any person who is denied access to public records for purposes of inspection, examination or copying may apply to the appropriate division of the General Court of Justice for an order compelling disclosure, and the court shall have jurisdiction to issue such or- ders. (1935, c. 265, s. 9; 1975, c. 787, s. 3.) Local Modification. -New Hano- ver: 1981, c. 960; city of Gastonia: 1985 )Reg. Sess., 1986), c. 902, s. 8. Legal Periodicals. -For comment on public access to government-held records, see 55 N.C.L. Rev. 1187 (1977). For survey of 1981 administrative law, see 60 N.C.L. Rev. 1165 (1982). CASE NOTES "Any Person" Includes Corpora- tion. -The General Assembly. did not intend to exclude corporate entities from the scope of the phrase "any person" in this section. Advance Publications, Inc. v. City of Elizabeth City, 53 N.C. App. 504,. 281 S.E.2d 69 (1981). 8 Cited in Carnahan v. Reed, 53 N.C. App. 589, 281 S.E.2d 408 (1981); Hous- ing Auth. v. Montgomery, 55 N.C. App. 422, 286 S.E.2d 114 (1982); North Cara Tina State Bd. of Registration for Profes- sional Eng'rs & Land Surveyors v. FTC, 615 F. Supp. 1155 (E.D.N.C. 1985).