Open Records

Kentucky’s public records law is the Kentucky Open Records Act, found at KRS Chapter 61 (§§ 61.870-61.884 specifically govern records access). It’s designed to guarantee public access to government records at all levels, with a notably fast response requirement and a helpful administrative appeal option.

Who can request records

Kentucky’s law has been interpreted by agencies as applying to residents of Kentucky – a meaningful limitation compared to most states. Non-residents wanting to make a request may need to have a Kentucky resident co-file with them. Beyond residency, no explicit statement of purpose is required.

What’s covered

A “public record” is defined broadly – books, papers, maps, photographs, cards, tapes, discs, recordings, software, or any other documentation, regardless of physical form, prepared, owned, used, or retained by a public agency. Agencies aren’t required to compile new information, create a new record, or answer questions – only to provide existing records responsive to the request.

How to request

Submit a written request to the agency’s official records custodian. Some agencies accept requests by mail, in person, or electronically (and electronic requests generally can’t be charged a fee under KRS § 61.874). No specific form is legally required, though the Kentucky Attorney General’s office provides a standardized form some requesters use.

Response timeline

Kentucky law (KRS § 61.880(1)) requires agencies to determine whether they’ll comply with a request and notify the requester in writing within 5 business days (excluding Saturdays, Sundays, and legal holidays) of receipt. If records can’t be produced within that window, the agency must send a written explanation with the cause for delay and an approximate timeline. (Older materials online sometimes cite a 3-day window – the current statutory standard is 5 business days, so use that as the reliable figure.)

Fees

– For noncommercial requests, agencies may charge a reasonable fee limited to the actual cost of reproduction – material, postage, and mechanical copying costs – but NOT the cost of staff time spent copying. – Common per-page copying rates run around $0.10/page after an initial free allotment in some agencies (e.g., first 25 pages free, then $0.10/page). – Commercial-purpose requests can be charged more, including staff time for locating, reviewing, and compiling records – requesters may be asked to certify whether a request is for commercial use. – Kentucky offers no fee waivers of any kind, even for public-interest or media requests – a notable gap compared to many states.

Exemptions

Kentucky’s Open Records Act lists 14 specific exemptions, covering categories like attorney-client consultations, personnel matters, employer-employee negotiations, trade secrets, and real estate acquisition records. A denial must cite the specific exemption relied on and briefly explain how it applies.

If your request is denied

Kentucky offers a relatively accessible administrative appeal: requesters can appeal a denial to the Kentucky Attorney General’s office, which issues opinions on open records disputes – a streamlined alternative to going straight to court. However, Kentucky’s law has limited direct enforcement teeth – there’s no guaranteed penalty for an agency that improperly denies a request, unlike some states with mandatory fines. The judiciary itself is not subject to open records requests under this Act.

A note on terminology

Kentucky’s law is officially the “Kentucky Open Records Act” (KRS Chapter 61) – the same basic type of law that other states call a “Freedom of Information Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).