; Issuance of Public Records Opinions

; Issuance of Public Records Opinions. Whenever a dispute exists regarding access to public records, any confidentiality, privilege or exemption claimed by the responding public body or regarding any fees charged by the public body for the disclosure of public records, the burden of proof shall lie with the public body to demonstrate by clear and convincing evidence or applicable legal authority that its actions were reasonable, lawful and justified under the circumstances. In the absence of such proof, the Ethics Commission shall presume the records were denied or costs calculated in violation of the Public Records Act. After receiving the response to the request for opinion or after fourteen (14) days, whichever comes first, the executive director or his designee shall present a draft opinion to the Ethics Commission at its next meeting if enough information is available on which to base an opinion. At that meeting or a future meeting, the commission shall issue an opinion.