(A) If a person enforces this chapter pursuant to this section, he shall begin enforcement under this division before proceeding to enforcement under division (B) of this section. The official custodian, upon any request for records made under this chapter, shall determine, within five (5) days (excepting Saturdays, Sundays, and legal holidays) after the receipt of any request, whether to comply with the request and shall notify in writing the person making the request within the five (5) day period of its decision. Any agency response denying, in whole or in part, inspection of any record shall 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. The response shall be issued by the official custodian or under his authority and shall constitute final agency action. (KRS 61.880(1))
(B) (1) If a complaining party wishes the Attorney General to review a public agency's denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection. If the public agency refuses to provide a written response, a complaining party shall provide a copy of the written request. The Attorney General shall review the request and denial and issue within twenty (20) days, excepting Saturdays, Sundays and legal holidays, a written decision stating whether the agency violated the provisions of this chapter.
(2) In unusual circumstances, the Attorney General may extend the twenty (20) day time limit by sending written notice to the complaining party and a copy to the denying agency, setting forth the reasons for the extension, and the day on which a decision is expected to be issued, which shall not exceed an additional thirty (30) work days, excepting Saturdays, Sundays, and legal holidays. As used in this section, "UNUSUAL CIRCUMSTANCES" means, but only to the extent reasonably necessary to the proper resolution of an appeal:
(a) The need to obtain additional documentation from the agency or a copy of the records involved;
(b) The need to conduct extensive research on issues of first impression; or
(c) An unmanageable increase in the number of appeals received by the Attorney General.
(3) On the day that the Attorney General renders his decision, he shall mail a copy to the agency and a copy to the person who requested the record in question. The burden of proof in sustaining the action shall rest with the agency, and the Attorney General may request additional documentation from the agency for substantiation. The Attorney General may also request a copy of the records involved, but they shall not be disclosed. (KRS 61.880(2))
(C) Each agency shall notify the Attorney General of any actions filed against that agency in Circuit Court regarding the enforcement of this chapter. The Attorney General shall not, however, be named as a party in any Circuit Court actions regarding the enforcement of this chapter, nor shall he have any duty to defend his decision in Circuit Court or any subsequent proceedings. (KRS 61.880(3))
(D) If a person feels the intent of this chapter is being subverted by an agency short of denial of inspection, including but not limited to the imposition of excessive fees, delay past the five (5) day period described in division (A) of this section, excessive extensions of time, or the misdirection of the applicant, the person may complain in writing to the Attorney General, and the complaint shall be subject to the same adjudicatory process as if the record had been denied. (KRS 61.880(4))
(E) (1) A party shall have thirty (30) days from the day that the Attorney General renders his decision to appeal the decision. An appeal within the thirty (30) day time limit shall be treated as if it were an action brought under KRS 61.882.
(2) If an appeal is not filed within the thirty (30) day time limit, the Attorney General's decision shall have the force and effect of law and shall be enforceable in the Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained. (KRS 61.880(5))
(F) Upon the Attorney General’s request, the agency will provide additional documentation.
(G) If upon request by the person seeking inspection, the Attorney General reviews the denial and issues a written opinion upholding, in whole or in part, the request for inspection, the requesting party may institute appeal proceedings within thirty (30) days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request, or if the city continues to withhold the record notwithstanding the Attorney General’s opinion, and the person seeking disclosure institutes proceedings in circuit court, the city shall notify the Attorney General of such action. (KRS 61.882)