(a) Each agency shall make available promptly to the public upon request, for inspection, originals or legible copies of the following:

(1) Its regulations, orders, decisions, opinions and licenses;

(2) Any documents, papers and other materials considered by the agency in taking agency action; or

(3) Any records of the agency reasonably specified by the requesting person.

(b) When making its documents and other materials available to the public, the agency may:

(1) Take reasonable precautions to preserve the integrity and security of such documents or materials;

(2) Make available only at reasonable, specified intervals documents and materials being actively used by the agency;

(3) Limit the availability of information to its regular business hours and place of business;

(4) Decline to make available documents and other materials which:

a. Relate solely to the agency’s internal procedural and personnel practices;

b. Pertain to ongoing enforcement investigations which have not yet resulted in agency action;

c. Are specifically exempted from disclosure by law; or

d. Are confidential or privileged for the same or similar reasons as the Court would hold its records confidential or privileged;

(5) Make a reasonable charge for the cost of reproducing or copying such documents or materials.

(c) The Court shall have jurisdiction of all actions to compel an agency to produce or disclose any documents, materials or information and the agency shall have the burden of sustaining its refusal to produce or disclose as requested.

60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2.