61.872 Right of Kentucky residents to inspect public records -- Written application
538 words·~2 min read·
/ky/61-872A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
-- Limitation.
(1)All public records shall be open for inspection by any resident of the
Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and
suitable facilities shall be made available by each public agency for the exercise of
this right. No resident of the Commonwealth shall remove original copies of public
records from the offices of any public agency without the written permission of the
official custodian of the record.
(a)Any resident of the Commonwealth shall have the right to inspect public
records. The official custodian may require a written application, signed by
the applicant and with his or her name printed legibly on the application,
describing the records to be inspected. The official custodian may require the
applicant to provide a statement in the written application of the manner in
which the applicant is a resident of the Commonwealth under KRS
61.870(10)(a) to (f).
(b)The written application shall be:
1. Hand delivered;
2. Mailed;
3. Sent via facsimile; or
4. Sent via e-mail to the public agency's official custodian of public records
or his or her designee at the e-mail address designated in the public
agency's rules and regulations adopted pursuant to KRS 61.876.
(c)A public agency shall not require the use of any particular form for the
submission of an open records request, but shall accept for any request the
standardized form developed under KRS 61.876(4).
(3)A resident of the Commonwealth may inspect the public records:
(a)During the regular office hours of the public agency; or
(b)By receiving copies of the public records from the public agency through the
mail. The public agency shall mail copies of the public records to a person
whose residence or principal place of business is outside the county in which
the public records are located after he or she precisely describes the public
records which are readily available within the public agency. If the resident of
the Commonwealth requesting the public records requests that copies of the
records be mailed, the official custodian shall mail the copies upon receipt of
all fees and the cost of mailing.
(4)If the person to whom the application is directed does not have custody or control of
the public record requested, that person shall notify the applicant and shall furnish
the name and location of the official custodian of the agency's public records.
(5)If the public record is in active use, in storage or not otherwise available, the official
custodian shall immediately notify the applicant and shall designate a place, time,
and date for inspection of the public records, not to exceed five
(5)days from
receipt of the application, unless a detailed explanation of the cause is given for
further delay and the place, time, and earliest date on which the public record will
be available for inspection.
(6)If the application places an unreasonable burden in producing public records or if
the custodian has reason to believe that repeated requests are intended to disrupt
other essential functions of the public agency, the official custodian may refuse to
permit inspection of the public records or mail copies thereof. However, refusal
under this section shall be sustained by clear and convincing evidence.