2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.880 Denial of inspection -- Role of Attorney General.
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61.880 Denial of inspection -- Role of Attorney General.
(1)
(2)
(3)
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.
(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.
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
(4)
(5)
proceedings.
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.
(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.
Amended 1992 Ky. Acts ch. 163, sec. 6, effective July 14, 1992. -- Created 1976
Ky. Acts ch. 273, sec. 6.
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