Open Records

Kansas’s public records law is the Kansas Open Records Act (KORA), found at K.S.A. §§ 45-215 through 45-223. It establishes a clear public policy: public records shall be open for inspection by any person, unless a specific statutory exemption applies.

Who can request records

Anyone may request records for any reason – you don’t need to be a Kansas resident, and agencies generally aren’t allowed to require you to explain why you want a record. You may be asked to provide proof of identity and to put your request in writing.

What’s covered

KORA applies to “any recorded information, regardless of form or characteristic,” made, maintained, or kept by a public agency – a broad, format-neutral definition covering written, photographic, and computerized records. Records more than 70 years old generally lose most exemptions and become disclosable regardless of category, unless another federal or state law separately protects them.

How to request

Requests must identify the specific records sought – KORA doesn’t require an agency to answer questions, prepare new reports, or compile information that doesn’t already exist. Submit the request in writing to the agency’s designated Custodian of Records or Freedom of Information Officer; most agencies provide a request form, though using it usually isn’t legally mandatory.

Response timeline

Agencies must provide an initial response within 3 business days of receiving the request. This initial response doesn’t have to be the final production of records – it can acknowledge the request, provide the records if readily available, explain that more time is needed, note that fees will apply, or explain that some records are closed by law. If the request is denied in whole or in part, the agency must identify the withheld records in general terms and cite the specific legal authority for the denial.

Fees

– Requests that take less than 1 hour of staff time or involve fewer than 100 pages are typically provided at no charge. – Beyond that, agencies may charge reasonable fees – not exceeding actual cost – for staff time (searching, reviewing, redacting), copying, and related expenses like faxing or mailing. – An estimate is provided before work begins, and partial prepayment may be required for larger or more involved requests. – Fee structures and hourly rates vary by agency – some publish specific per-role rates (e.g., clerical vs. attorney time).

Exemptions

K.S.A. § 45-221(a) lists specific exemptions, including records closed by rules of evidence, personnel records of public employees, medical treatment records, criminal investigation records, preliminary drafts or records containing opinions or proposed actions, records whose disclosure would be a clearly unwarranted invasion of personal privacy, proprietary business information, and attorney-client privileged records. Records that are only partially exempt have the exempt portions redacted before the rest is produced.

If your request is denied

A requester who believes they were wrongfully denied records can file a complaint with the Kansas Attorney General’s Office, or with the relevant county or district attorney, or pursue a private lawsuit. KORA also allows an agency to deny access if a request places an unreasonable burden on the agency or appears intended to disrupt its operations – a narrower protection specific to Kansas’s framework.

A note on terminology

Kansas’s law is officially the “Kansas Open Records Act” (KORA) – the same basic type of law that other states call a “Freedom of Information Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).