Kentucky FOIA procedures
Each state varies slightly in the procedures used to gain access to public documents. This article serves to describe specifically the steps used in Kentucky. To read the history and details of Kentucky’s sunshine laws please see Kentucky Open Records Act
How to request public records in Kentucky
The act states that public records should be directed to the "official custodian." The "official custodian should be considered the head of the public agency or anyone whom he or she has clearly designated as a records custodian.
Purpose and use
The act specifically designates that specific commercial purposes must be stated at the outset of a records request.
Further, if the department feels that records place an unreasonable burden on government or are deemed to be intended to merely disrupt the functions of government then the request may be refused
The use of records which were declared for a commercial purpose are strictly limited to only that purpose for which they were declared. Any records without the declaration of a commercial purpose cannot be used for a commercial purpose.
Who may request public records?
- See also: How much do public records cost?
For non-commercial requests the department may charge a fee for the cost of the material and equipment involved with duplication but may not charge for the staff time needed for duplication. Copies requested for commercial purposes allow additional fees to be charged for the staff time consumed by both the search and the duplication.
- See also: Request response times by state
Kentucky law sets a three day limit on records requests but allows for extensions if the extension is justified in writing to the person requesting the records.
- Open Government Guide to Kentucky
- Kentucky Open Records Act from Freedom Kentucky
- List of opinions on open meetings and open records issues by the Kentucky attorney general (dead link), dating back to 1993.
- Past articles on Kentucky
State of Kentucky
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