How to File a Public Records Request in Kentucky
The Kentucky Open Records Act (KORA), codified at KRS §§ 61.870–61.884, guarantees residents of the Commonwealth the right to inspect and copy public records held by state and local government agencies. The Act broadly defines public records as all documents, regardless of physical form, that are prepared, owned, used, possessed, or retained by a public agency. Under KRS 61.880(1), agencies must respond to a written request within three working days — either producing the records, denying them with a written explanation citing the applicable exemption, or explaining a lawful delay. The burden of proof in any appeal falls on the agency, not the requester. Kentucky's Attorney General serves as a first-level appellate body, and requesters may also proceed directly to Circuit Court.
The Kentucky Open Records Act
- Statutory Citation
- Kentucky Revised Statutes §§ 61.870–61.884
- Response Deadline
- 3 working days
- Fee Provisions
- For non-commercial requests, agencies may charge only the actual cost of reproduction — the cost of the physical medium and mechanical processing, but not staff time. Courts have found $0.10 per page to be a reasonable copying fee (Friend v. Rees, 696 S.W.2d 325 (Ky. Ct. App. 1985)). Commercial requesters may be charged for both search and copying, including staff time and the agency's cost of creating or acquiring the records. There are no statutory fee waivers under KORA (KRS 61.874).
- Key Exemptions
- KRS 61.878 lists exemptions including: personnel files whose disclosure would constitute a clearly unwarranted invasion of personal privacy; records compiled in active law enforcement investigations; preliminary documents including drafts, notes, and internal memoranda expressing opinions; records prohibited from disclosure by state or federal law; records confidentially disclosed for scientific research; attorney-client privileged communications; and records of ongoing procurement negotiations. Agencies must separate exempt from non-exempt portions and produce what is available.
- Appeal Process
- If a request is denied or ignored, a requester may appeal to the Kentucky Attorney General under KRS 61.880(2), submitting a copy of the written request and the agency's denial. The AG issues a binding decision within 20 working days; the burden of proof is on the agency. Either party may then appeal the AG's decision to the appropriate Circuit Court within 30 days. Requesters may also bypass the AG and go directly to Circuit Court under KRS 61.882. If a requester prevails in court and the court finds the records were willfully withheld, the court may award costs and reasonable attorney's fees under KRS 61.882(5), plus up to $25 per day of denial.
- Ombudsman
- Kentucky does not have a dedicated public records ombudsman. The Kentucky Attorney General's Office of Open Records and Open Meetings (OAG OROM) handles administrative appeals and provides guidance to agencies and the public under KRS 61.880.
City FOIA Guides in Kentucky
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Kentucky?
If you're dealing with missing records or unresponsive agencies in Kentucky, Project Paper Trail can help you follow the paper trail on development approvals.
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