The Kentucky Open Records Act requires that anyone wishing to view or obtain copies of agency records must submit a request in writing to the records custodian of the agency from which they desire records. The request must provide specifically the name of the facility and the city/county in which it is located. The agency has three business days (excluding holidays and weekends) to respond in writing whether the records will be made available and a date in which they will be ready. For additional information about open records, the Kentucky Office of the Attorney General maintains an open records and open meetings Web site. Visit the Legislative Research Commission Web site for the official statute ((KRS Chapter 061.870) on open records.
The following records custodians are responsible for accepting and coordinating the review of open records:
Fees to produce open records from the Department for Environmental Protection (DEP)
- Standard copies (black and white or color) 8 ½ x 11 inches to 11 x 17 inches are $.10 cents per page. Oversized maps and drawings (black and white) are $3 per map.
- Oversized maps and drawings (color) are $2.50 per square foot.
- Compact disk is $3 per disk and DVD is $5 per disk.
- TEMPO standard reports are $12 per report if being requested for commercial purposes, otherwise the report is free. The agency may charge $.10 per page if printed or $3 to place on a CD, regardless of the nature of the request.
- Nonstandard database reports do not have to be produced. However, if the agency chooses to create one, charges may be made to recoup the cost of creating the report.
Fees for open records from the Department for Natural Resources (DNR)
- Standard copies (black and white) 8 ½ x 11 inches to 11 x 17 inches are $.10 cents per page. Oversized maps and drawings (black and white) are $3 per map, $5 on vellum and $10 on mylar.
- Color copies (photos) are $1 per page.
- Audio cassette tapes (60 minutes) are $2 and VCR tapes (VHS 120 minutes) are $3.
- Compact disk is $2.
- A $5 charge is added to any item mailed to the customer.
What is exempt from public inspection?
Any file must be reviewed before it is inspected by a member of the public to determine if exempted material may be contained in the files. Nondisclosable material is kept in a separate file(s). The following records will be exempt from an information request under KRS 61.878:
- Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency.
- Preliminary drafts, notes and correspondence with private individuals other than correspondence that is intended to give notice of final action of a public agency.
- Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies are formulated or recommended.
- All public records or information the disclosure of which is otherwise prohibited by federal law or regulation, and public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by an enactment of the General Assembly.