(A) The public agency, upon any request for records made under this chapter, shall determine within three days (excepting Saturdays, Sundays, and legal holidays) after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three-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 or her authority; and it shall constitute final agency action.
(B) A copy of the written response denying inspection of a public record shall be forwarded immediately by the public agency to the Attorney General of the Commonwealth of Kentucky. Upon the Attorney General’s request, the agency will provide additional documentation.
(C) 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 agency may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court. In addition, if the Attorney General disallows the request or if the Public Agency continues to withhold the record notwithstanding the Attorney General’s opinion, and the person seeking disclosure institutes proceedings in circuit court, the Public Agency shall notify the Attorney General of such action.
(Res. 2013-009, passed 9-9-13)
Statutory reference:
Similar state law, see KRS 61.880