61.880 Denial of inspection -- Role of Attorney General. - Kentucky Statutes

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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 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 three (3) 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 three (3) 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 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 decision, he 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 have any
duty to defend his 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 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 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. Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 262, sec. 6, effective July 15, 1994.