2013 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.872 Right to inspection -- Limitation.
Download as PDF
61.872 Right to inspection -- Limitation.
(1)
(2)
(3)
(4)
(5)
(6)
All public records shall be open for inspection by any person, except as
otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be
made available by each public agency for the exercise of this right. No person
shall remove original copies of public records from the offices of any public
agency without the written permission of the official custodian of the record.
Any person shall have the right to inspect public records. The official custodian
may require written application, signed by the applicant and with his name
printed legibly on the application, describing the records to be inspected. The
application shall be hand delivered, mailed, or sent via facsimile to the public
agency.
A person may inspect the public records:
(a) During the regular office hours of the public agency; or
(b) By receiving copies of the public records from the public agency through
the mail. The public agency shall mail copies of the public records to a
person whose residence or principal place of business is outside the
county in which the public records are located after he precisely describes
the public records which are readily available within the public agency. If
the person requesting the public records requests that copies of the
records be mailed, the official custodian shall mail the copies upon receipt
of all fees and the cost of mailing.
If the person to whom the application is directed does not have custody or
control of the public record requested, that person shall notify the applicant and
shall furnish the name and location of the official custodian of the agency's
public records.
If the public record is in active use, in storage or not otherwise available, the
official custodian shall immediately notify the applicant and shall designate a
place, time, and date for inspection of the public records, not to exceed three
(3) days from receipt of the application, unless a detailed explanation of the
cause is given for further delay and the place, time, and earliest date on which
the public record will be available for inspection.
If the application places an unreasonable burden in producing public records or
if the custodian has reason to believe that repeated requests are intended to
disrupt other essential functions of the public agency, the official custodian may
refuse to permit inspection of the public records or mail copies thereof.
However, refusal under this section shall be sustained by clear and convincing
evidence.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 262, sec. 3, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 163, sec. 3, effective July 14, 1992. -- Created 1976
Ky. Acts ch. 273, sec. 2.
2012-2014 Budget Reference. See State/Executive Branch Budget, 2012 Ky. Acts
ch. 144, Pt. I, M, 9, (2) at 1142.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.