Unlike other state agencies, the GRC does not require complaints to be brought to it within a specified time frame. A requestor must file suit with a court within 45 days of the custodian’s decision, but there is no deadline at all for filing a complaint with the GRC.

Why is there no deadline? In a recent interim decision, Paff v. Harrison Twp. Fire Dist., the GRC explained that it does not have the legal authority to impose one. It stated that because OPRA does not contain a statute of limitations for filing complaints with the GRC, the agency lacks the power to establish such a requirement.

In my opinion, the GRC’s reasoning is incorrect. Administrative agencies have the inherent power to adopt procedural rules to enable them to carry out their statutory responsibilities. This means that an agency may set a reasonable deadline for the filing of complaints, where the Legislature has not mandated a specific deadline. For example, the Civil Service Act establishes a statute of limitations only for appeals to the Civil Service Commission of major disciplinary actions. The Commission’s rules set deadlines for filing administrative appeals regarding the many other types of disputes heard by this agency.

Similarly, the GRC could require that requestors file complaints within a reasonable time frame after receiving the custodian’s decision. Adoption of such a deadline would be consistent with the Supreme Court’s statement that OPRA requires the swift resolution of public record disputes.