32 Ky. Admin. Regs. 2:230
Current through Register Vol. 51, No. 5, November 1, 2024
Section 32 KAR 2:230 - Processing of records requestsRELATES TO: KRS 61.870-61.884, 121.120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g) authorizes the Registry of Election Finance to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 121. KRS 61.876 requires each public agency to adopt rules and regulations in conformity with Kentucky open records law in KRS 61.870 to 61.884. This administrative regulation establishes the process by which the public may access the public records held by the Kentucky Registry of Election Finance that are not available through the agency's Web site.
Section 1. Records Requests.(1) The principal office for the registry is 140 Walnut St., Frankfort, Kentucky 40601. Regular office hours are from 8 a.m. to 4:30 p.m., Monday through Friday, prevailing time in Frankfort, Kentucky.(2) The title of the official custodian of records of the registry is the Records Custodian, whose address is the address of the agency's principal office and whose email address is KREFRequests@ky.gov.(3) Requested records shall be sent via electronic means to the extent possible and that the requestor provides an email address through which to receive them.(4) Fees, to the extent authorized by KRS 61.874, shall be charged for physical copies of requested materials, with a charge of ten (10) cents a page for each photocopy and reasonable costs for materials provided in any other format, such as on storage media. The requestor shall view the records on the registry's searchable public database to the extent these are available.(5) Procedure for requesting records.(a) Requests to inspect records shall be made to the Records Custodian by U.S. postal mail or by email address as provided in subsection (2) of this Section.(b) Requests to inspect public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected, including party and case number, if applicable and known. The registry shall accept any standardized open records request form provided by the Office of the Attorney General.Section 2. Public Disclosure of Registry Action.(1) If the registry makes a finding of no reason to believe or no probable cause or otherwise terminates an enforcement action, it shall make public its determination and the basis for the determination no later than thirty (30) days from the date on which the required notifications are sent to complainant and respondent.(2) If a conciliation agreement is finalized, the registry shall make the agreement public.(3) Except as provided in subsections (1) and (2) of this section, a complaint filed with the registry, any notification sent by the registry, any investigation conducted by the registry, or any findings made by the registry shall not be made public by the registry without the written consent of the respondent until a written response has been received or the expiration of the fifteen (15) day response period required by 32 KAR 2:030, Section 3. Upon receipt of a response or the expiration of the fifteen (15) day period, the complaint, response, and related materials, exclusive of materials exempted by KRS 61.878(1), shall be open for public inspection.(4) Except as provided in subsections (1) and (2) of this section, an action by the registry or by any person, and information derived in connection with conciliation efforts shall not be made public by the registry until a final action with regard to a conciliation attempt is taken.50 Ky.R. 512, 1049; eff. 1/30/2024.STATUTORY AUTHORITY: KRS 61.876, 121.120(1)(g)