§ 35.20  DENIAL OF DISCLOSURE AND RELATED MATTERS.
   (A)   A denial of disclosure by a public agency occurs when the person making the request is physically present in the office of the agency, makes the request by telephone, or requests enhanced access to a document and:
      (1)   The person designated by the public agency as being responsible for public records release decisions refuses to permit inspection and copying of a public record when a request has been made; or
      (2)   Twenty-four hours elapse after any employee of the public agency refuses to permit inspection and copying of a public record when a request has been made; whichever occurs first.
   (B)   If a person requests by mail or by facsimile a copy or copies of a public record, a denial of disclosure does not occur until seven days have elapsed from the date the public agency receives the request.
   (C)   If a request is made orally, either in person or by telephone, a public agency may deny the request orally. However, if a request initially is made in writing, by facsimile, or through enhanced access, or if an oral request that has been denied is renewed in writing or by facsimile, a public agency may deny the request if:
      (1)   The denial is in writing or by facsimile; and
      (2)   The denial includes:
         (a)   A statement of the specific exemption or exemptions authorizing the withholding of all or part of the public record; and
         (b)   The name and the title or position of the person responsible for the denial.
   (D)   (1)   A person who has been denied the right to inspect or copy a public record by a public agency may file an action in the circuit or superior court of the county in which the denial occurred to compel the public agency to permit the person to inspect and copy the public record. Whenever an action is filed under this division (D), the public agency must notify each person who supplied any part of the public record at issue:
         (a)   That a request for release of the public record has been denied; and
         (b)   Whether the denial was in compliance with an informal inquiry response or advisory opinion of the public access counselor.
      (2)   Such persons are entitled to intervene in any litigation that results from the denial. The person who has been denied the right to inspect or copy need not allege or prove any special damage different from that suffered by the public at large.
   (E)   The municipality hereby acknowledges the further provisions of I.C. 5-14-3-9 and its description of procedures and remedies for unlawful denial of disclosures.