KRS § 61.880 — KY Code / Title VIII / Chapter 61 / Section 61.880
61.880 Denial of inspection -- Role of Attorney General
Status: in_force

61.880 Denial of inspection -- Role of Attorney General.

(1) If a person enforces KRS 61.870 to 61.884 pursuant to this section, he or she shall

begin enforcement under this subsection before proceeding to enforcement under

subsection (2) of this section. Each public agency, upon any request for records

made under KRS 61.870 to 61.884, shall determine within five (5) days, excepting

Saturdays, Sundays, and legal holidays, after the receipt of any such request whether

to comply with the request and shall notify in writing the person making the request,

within the five (5) day period, of its decision. An agency response denying, in whole

or in part, inspection of any record shall include a statement of the specific

exception authorizing the withholding of the record and a brief explanation of how

the exception applies to the record withheld. The response shall be issued by the

official custodian or under his or her authority, and it shall constitute final agency

action.

(2) (a) If a complaining party wishes the Attorney General to review a public

agency's denial of a request to inspect a public record, the complaining party

shall forward to the Attorney General a copy of the written request and a copy

of the written response denying inspection. If the public agency refuses to

provide a written response, a complaining party shall provide a copy of the

written request. The Attorney General shall review the request and denial and

issue within twenty (20) days, excepting Saturdays, Sundays and legal

holidays, a written decision stating whether the agency violated provisions of

KRS 61.870 to 61.884.

(b) In unusual circumstances, the Attorney General may extend the twenty (20)

day time limit by sending written notice to the complaining party and a copy

to the denying agency, setting forth the reasons for the extension, and the day

on which a decision is expected to be issued, which shall not exceed an

additional thirty (30) work days, excepting Saturdays, Sundays, and legal

holidays. As used in this section, "unusual circumstances" means, but only to

the extent reasonably necessary to the proper resolution of an appeal:

1. The need to obtain additional documentation from the agency or a copy

of the records involved;

2. The need to conduct extensive research on issues of first impression; or

3. An unmanageable increase in the number of appeals received by the

Attorney General.

(c) On the day that the Attorney General renders his or her decision, he or she

shall mail a copy to the agency and a copy to the person who requested the

record in question. The burden of proof in sustaining the action shall rest with

the agency, and the Attorney General may request additional documentation

from the agency for substantiation. The Attorney General may also request a

copy of the records involved, but they shall not be disclosed.

(3) Each agency shall notify the Attorney General of any actions filed against that

agency in Circuit Court regarding the enforcement of KRS 61.870 to 61.884. The

Attorney General shall not, however, be named as a party in any Circuit Court

actions regarding the enforcement of KRS 61.870 to 61.884, nor shall he or she

have any duty to defend his or her decision in Circuit Court or any subsequent

proceedings.

(4) If a person feels the intent of KRS 61.870 to 61.884 is being subverted by an agency

short of denial of inspection, including but not limited to the imposition of

excessive fees, delay past the five (5) day period described in subsection (1) of this

section, excessive extensions of time, or the misdirection of the applicant, the

person may complain in writing to the Attorney General, and the complaint shall be

subject to the same adjudicatory process as if the record had been denied.

(5) (a) A party shall have thirty (30) days from the day that the Attorney General

renders his or her decision to appeal the decision. An appeal within the thirty

(30) day time limit shall be treated as if it were an action brought under KRS

61.882.

(b) If an appeal is not filed within the thirty (30) day time limit, the Attorney

General's decision shall have the force and effect of law and shall be

enforceable in the Circuit Court of the county where the public agency has its

principal place of business or the Circuit Court of the county where the public

record is maintained.