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KRS 61.876

Agency to adopt rules and regulations -- Standardized form to request public records

Applied in 4 court decisions — leading case Beckham v. Bd. of Educ. of Jefferson Cty. (1994)

Most recently applied in Lexington-Fayette Urban County Government v. Lexington Herald-Leader Co. (March 1997)

Effective: June 29, 2021 History: Amended 2021 Ky

How often courts cite this section

197819801990199710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Each public agency shall adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential functions, to provide assistance and information upon request and to ensure efficient and timely action in response to application for inspection, and such rules and regulations shall include but shall not be limited to:

(a) The principal office of the public agency and its regular office hours;

(b) The title, mailing address, and e-mail address of the official custodian of the public agency's records;

(c) The fees, to the extent authorized by KRS 61.874 or other statute, charged for copies;

(d) The procedures to be followed in requesting public records.

(2) Each public agency shall display in a prominent location accessible to the public, including on its Web site:

(a) A copy of its rules and regulations pertaining to public records;

(b) The mailing address, e-mail address, and phone number of the official custodian of the records or his or her designee to which all requests for public records shall be made; and (c) The form developed by the Attorney General under subsection (4) of this section that may be used to request public records.

(3) The Finance and Administration Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state administrative agencies, except for the Legislative Research Commission and the Administrative Office of the Courts, each of which may promulgate administrative regulations for their respective agencies, pertaining to public records.

(4) The Attorney General shall promulgate by administrative regulation under KRS Chapter 13A a standardized form that may be used to request public records from a public agency. The form shall not allow any request for information other than the following:

(a) The name of the requesting party;

(b) The mailing or e-mail address of the requesting party, if copies of records are requested;

(c) Whether the request is for a commercial purpose;

(d) A description of the documents requested;

(e) A statement that the person making the request:

1. Is a resident of the Commonwealth under KRS 61.870(10); and 2. The statement includes the manner in which the requester is a resident of the Commonwealth under KRS 61.870(10)(a) to (f); and (f) The signature of the requesting party.

(5) The Attorney General shall make the form readily available to the public, including on the Attorney General's Web site. The form shall be accepted by every public agency for any request for public records made on or after June 29, 2021.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.