Frequently Asked Questions
1. Who may ask for records?
Pursuant to KRS 61.872, an open records request may be made by:
2. Is there a cost associated with making an open records request?
- An individual residing in the Commonwealth of Kentucky
- A representative of a domestic business entity with a location in the Commonwealth of Kentucky
- A representative of a foreign business entity registered with the Kentucky Secretary of State
- An individual that is employed and works at a location (or locations) within the Commonwealth of Kentucky
- An individual, or a representative of a business entity, that owns real property within the Commonwealth of Kentucky
- A representative of a “news-gathering organization,” as defined in (KRS 189.635(8)(b)).
The Cabinet may charge a reasonable fee for making copies of nonexempt public records for noncommercial purposes. For requests made for commercial purposes, the Cabinet may recover the costs of media, mechanical processing, and staff time required to produce a copy of the records. You may be asked to certify whether your requests is for a commercial purpose prior to records being produced. (See (KRS 61.874))
3. How should I describe the records that I am seeking?
You should describe the records as precisely as you are able. Please be advised that requests for “any and all” records related to a particular subject are generally not proper requests, and may be denied. (See (KRS 61.872(2)(a)) and 14-ORD-013)
4. When will my records be ready?
The Cabinet has five business days (excluding holidays and weekends) to respond in writing whether the records will be made available and, if so, the date the records will be available for inspection. (See (KRS 61.872(5)))
5. Is every piece of information subject to open records law?
No, pursuant to KRS 61.878, the following is exempt from public inspection:
6. May I appeal the Cabinet’s decision regarding my request?
- Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency.
- Preliminary drafts, notes and correspondence with private individuals other than correspondence that is intended to give notice of final action of a public agency.
- Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies are formulated or recommended.
- All public records or information the disclosure of which is otherwise prohibited by federal law or regulation, and public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by an enactment of the General Assembly.
- Other exceptions as specified in (KRS 61.878).
Yes, you may appeal decisions made by the Cabinet regarding records requests. You may do so by filing a complaint with the Attorney General, Open Records/Open Meetings Division, The Capitol, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601, or by filing an original civil action in the appropriate circuit court under KRS 61.882. If you first appeal to the Attorney General but are dissatisfied with the Attorney General’s decision, you may further appeal to circuit court pursuant to (KRS 61.882(5)).