Kentucky Statutes 61.876 – Agency to adopt rules and regulations — Standardized form to request public records
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(1) Each public agency shall adopt rules and regulations in conformity with the provisions of KRS § 61.870 to KRS § 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential functions, to provide assistance and information upon request and to ensure efficient and timely action in response to application for inspection, and such rules and regulations shall include but shall not be limited to:
(a) The principal office of the public agency and its regular office hours;
(b) The title, mailing address, and e-mail address of the official custodian of the public agency’s records;
(c) The fees, to the extent authorized by KRS § 61.874 or other statute, charged for copies;
(d) The procedures to be followed in requesting public records.
(2) Each public agency shall display in a prominent location accessible to the public, including on its Web site:
(a) A copy of its rules and regulations pertaining to public records;
(b) The mailing address, e-mail address, and phone number of the official custodian of the records or his or her designee to which all requests for public records shall be made; and
(c) The form developed by the Attorney General under subsection (4) of this section that may be used to request public records.
(3) The Finance and Administration Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state administrative agencies, except for the Legislative Research Commission and the Administrative Office of the Courts, each of which may promulgate administrative regulations for their respective agencies, pertaining to public records.
(4) The Attorney General shall promulgate by administrative regulation under KRS Chapter 13A a standardized form that may be used to request public records from a public agency. The form shall not allow any request for information other than the following:
(a) The name of the requesting party;
(b) The mailing or e-mail address of the requesting party, if copies of records are requested;
(c) Whether the request is for a commercial purpose; (d) A description of the documents requested;
(e) A statement that the person making the request:
1. Is a resident of the Commonwealth under KRS § 61.870(10); and
2. The statement includes the manner in which the requester is a resident of the Commonwealth under KRS § 61.870(10)(a) to (f); and
(f) The signature of the requesting party.
(5) The Attorney General shall make the form readily available to the public, including on the Attorney General’s Web site. The form shall be accepted by every public agency for any request for public records made on or after June 29, 2021.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 160, sec. 3, effective June 29, 2021. — Created
1976 Ky. Acts ch. 273, sec. 4.
(a) The principal office of the public agency and its regular office hours;
Terms Used In Kentucky Statutes 61.876
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(b) The title, mailing address, and e-mail address of the official custodian of the public agency’s records;
(c) The fees, to the extent authorized by KRS § 61.874 or other statute, charged for copies;
(d) The procedures to be followed in requesting public records.
(2) Each public agency shall display in a prominent location accessible to the public, including on its Web site:
(a) A copy of its rules and regulations pertaining to public records;
(b) The mailing address, e-mail address, and phone number of the official custodian of the records or his or her designee to which all requests for public records shall be made; and
(c) The form developed by the Attorney General under subsection (4) of this section that may be used to request public records.
(3) The Finance and Administration Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state administrative agencies, except for the Legislative Research Commission and the Administrative Office of the Courts, each of which may promulgate administrative regulations for their respective agencies, pertaining to public records.
(4) The Attorney General shall promulgate by administrative regulation under KRS Chapter 13A a standardized form that may be used to request public records from a public agency. The form shall not allow any request for information other than the following:
(a) The name of the requesting party;
(b) The mailing or e-mail address of the requesting party, if copies of records are requested;
(c) Whether the request is for a commercial purpose; (d) A description of the documents requested;
(e) A statement that the person making the request:
1. Is a resident of the Commonwealth under KRS § 61.870(10); and
2. The statement includes the manner in which the requester is a resident of the Commonwealth under KRS § 61.870(10)(a) to (f); and
(f) The signature of the requesting party.
(5) The Attorney General shall make the form readily available to the public, including on the Attorney General’s Web site. The form shall be accepted by every public agency for any request for public records made on or after June 29, 2021.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 160, sec. 3, effective June 29, 2021. — Created
1976 Ky. Acts ch. 273, sec. 4.