Section 6 - Procedure for Public Access to Administrative Records(1) All requests for public access to administrative records must be in writing, must specifically describe the record(s) to be inspected, and must be signed by the requestor. The requestor's name must also be printed legibly on the request. The request must be hand-delivered, mailed, emailed, or delivered via other means approved by the AOC to the custodian of the records. The AOC may develop and make available a form for requests for public access to administrative records.(2) The written request must include identifiers to assist the custodian in locating the records. If a specific record cannot be located due to lack of adequate identifiers, the requestor must be advised by the custodian as to what identifiers are needed.(3) If the custodian does not have custody or control of the record(s) requested, he or she will notify the requestor and furnish the name and location of the person or agency having custody of the records, if known. The response time will not begin to run until the custodian of records receives the written inspection request.(4) The custodian, upon a request for public access to administrative records under this Open Records Policy, must determine within three days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and must notify in writing the person making the request, within the three day period, of his or her decision. A response complying with the request for administrative records will include an estimate of the copy fee and the cost of mailing. A response denying, in whole or in part, inspection of any record must 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. (a) A requestor may receive copies of administrative records from the AOC through the mail or in person. The AOC may charge a reasonable fee for making copies of administrative records, which should represent the actual cost of reproduction incurred by the AOC, not including the cost of staff required, but in any event not less than $0.10 per page. The cost for copies of administrative records other than documents shall be in accordance with court rule.i. All copy fees, including mailing costs if applicable, must be paid prior to a requestor receiving copies of administrative records.ii. If the custodian believes that the costs may exceed $100, the custodian may prepare an estimate of the costs and notify the requestor to determine whether the requestor wishes to proceed.(b) A requestor may inspect administrative records in the presence of an AOC employee upon providing photo identification.(5) If the administrative record is in active use, in storage, or not otherwise available, the custodian must immediately notify the requestor of the earliest date on which the administrative record will be available for public access.(6) The custodian will not be required to compile information or create lists.Ky. Admin. P. Ct. Justice. 6
Adopted 2017-09, eff. 8/15/2017.