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<br />court costs and attorney fees shall be awarded to a
<br />person who has filed a lawsuit against a state public
<br />body or local public body and who applies to the court
<br />for an order pursuant to this subsection (5) for access to
<br />records of the state public body or local public body
<br />being sued if the court fmds that the records being
<br />sought are related to the pending litigation and are
<br />discoverable pursuant to chapter 4 of the Colorado rules
<br />of civil procedure. In the event the court finds that the
<br />denial of the right of inspection was proper, the court
<br />shall award court costs and reasonable attorney fees to
<br />the custodian if the court finds that the action was
<br />frivolous, vexatious, or groundless.
<br />(5.5) (a) Any person seeking access to the
<br />record of an executive session meetmg of a state public
<br />body or a local public body recorded pursuant to section
<br />24-6-402 (2) (d.5) shall, upon application to the district
<br />court for the district wherem the records are found,
<br />show grounds sufficient to support a reasonable belief
<br />that the state public body or local public body engaged
<br />in substantial discussion of any matters not enumerated
<br />in section 24-6-402 (3) or (4) or that the state public
<br />body or local public body adopted a proposed policy,
<br />position, resolution, rule, regulation, or formal action in
<br />the executive session in contravention of section 24-6-
<br />402 (3) (a) or (4). If the applicant fails to show grounds
<br />sufficient to support such reasonable belief, the court
<br />shall deny the application and, if the court fmds that the
<br />application was frivolous, vexatious, or groundless, the
<br />court shall award court costs and attorney fees to the
<br />prevailing party. If an applicant shows grounds
<br />sufficient to support such reasonable belief, the
<br />applicant cannot be found to have brought a frivolous,
<br />vexatious, or groundless action, regardless of the
<br />outcome of the in camera review.
<br />(b) (I) Upon fmding that sufficient grounds
<br />exist to support a reasonable belief that the state public
<br />body or local public body engaged in substantial
<br />discussion of any matters not enumerated in section 24-
<br />6-402 (3) or (4) or that the state public body or local
<br />public body adopted a proposed policy, position,
<br />resolution, rule, regulation, or formal action in the
<br />executive session in contravention of section 24-6-402
<br />(3) (a) or (4), the court shall conduct an in camera
<br />review of the record of the executive session to
<br />determine whether the state public body or local public
<br />body engaged in substantial discussion of any matters
<br />not enumerated in section 24-6-402 (3) or (4) or adopted
<br />a proposed policy, position, resolution, rule, regulation,
<br />or formal action in the executive session in
<br />contravention of section 24-6-402 (3) (a) or (4).
<br />(II) If the court determines, based on the in
<br />camera review, that violations of the open meetings law
<br />occurred, the portion of the record of the executive
<br />session that reflects the substantial discussion of matters
<br />not enumerated in section 24-6-402 (3) or (4) or the
<br />adoption of a proposed policy, position, resolution, rule,
<br />regulation, or formal action shall be open to public
<br />inspection.
<br />
<br />(6) (a) If, in the opinion of the official
<br />custodian of any public record, disclosure of the
<br />contents of said record would do substantial injury to
<br />the public interest, notwithstanding the fact that said
<br />record might otherwise be available to public inspection
<br />or if the official custodian is unable, in good faith, after
<br />exercising reasonable diligence, and after reasonable
<br />inquiry, to determine if disclosure of the public record is
<br />prohibited pursuant to this part 2, the official custodian
<br />may apply to the district court of the district in which
<br />such record is located for an order permitting him or her
<br />to restrict such disclosure of for the court to determine if
<br />disclosure is prohibited. Hearing on such application
<br />shall be held at the earliest practical time. In the case of
<br />a record that is otherwise available to public inspection
<br />pursuant to this part 2, after a hearing, the court may,
<br />upon a finding that disclosure would cause substantial
<br />injury to the public interest, issue an order authorizing
<br />the official custodian to restrict disclosure. In the case
<br />of a record that may be prohibited from disclosure
<br />pursuant to this part 2, after a hearing, the court may,
<br />upon a finding that disclosure of the record is
<br />prohibited, issue an order directing the official custodian
<br />not to disclose the record to the public. In an action
<br />brought pursuant to this paragraph (a), the burden of
<br />proof shall be upon the custodian. The person seeking
<br />permission to examine the record shall have notice of
<br />said hearing served upon him or her in the manner
<br />provided for service of process by the Colorado rules of
<br />civil procedure and shall have the right to appear and be
<br />heard. The attorney fees provision of subsection (5) of
<br />this section shall not apply in cases brought pursuant to
<br />this paragraph (a) by an official custodian who is unable
<br />to determine if disclosure of a public record is
<br />prohibited under this part 2 if the official custodian
<br />proves and the court finds that the custodian, in good
<br />faith, after exercising reasonable diligence, and after
<br />making reasonable inquiry, was unable to determine if
<br />disclosure of the public record was prohibited without a
<br />ruling by the court.
<br />(b) In defense against an application for an
<br />order under subsection (5) of this section, the custodian
<br />may raise any issue that could have been raised by the
<br />custodian in an application under paragraph (a) of this
<br />subsection (6).
<br />(7) (a) Except as permitted in paragraph (b) of
<br />this subsection (7), the department of revenue or an
<br />authorized agent ofthe department shall not allow
<br />inspection of information contained in a driver's license
<br />application under section 42-2-107, C.R.S., a driver's
<br />license renewal application under section 42-2-118,
<br />C.RS., a duplicate driver's license application under
<br />section 42-2-117, C.R.S., a commercial driver's license
<br />application under section 42-2-403, C.R.S., an
<br />identification card application under section 42-2-302,
<br />C.RS., a motor vehicle title application under section
<br />42-6-116, C.R.S., a motor vehicle registration
<br />application under section 42-3-112, C.R.S., or other
<br />official record or document maintained by the
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