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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Department of Corrections properly responded to Steve L. Monroe's request for copies of master indices of "all records and manuals in the possession of" and "all Kentucky Administrative Regulations promulgated by" the Department "to date" by asking that he provide a more precise description of those records. We believe that 97-ORD-46, and in particular the discussion at pages two through six of that decision, are controlling. A copy of 97-ORD-46 is attached hereto and incorporated by reference. Pursuant to KRS 61.872(3), Mr. Monroe may inspect public records by receiving copies through the mail only if he precisely describes the records and they are readily available within the Department of Corrections.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The Attorney General's decision finds that the Department of Corrections properly responded to a request for copies of master indices and administrative regulations by asking for a more precise description of the records sought. The decision follows the precedent set in 97-ORD-046, which emphasizes the need for precise descriptions in public records requests. The decision affirms that public records can be inspected or received through mail only if they are precisely described and readily available within the department.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Steve L. Monroe
Agency:
Department of Corrections
Type:
Open Records Decision
Lexis Citation:
1997 Ky. AG LEXIS 195
Cites:
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