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 although its original response was procedurally deficient, insofar as the response failed to identify the records withheld and the specific exception authorizing nondisclosure per KRS 61.880(1), the Kentucky Labor Cabinet's Division of Employment Standards properly denied James D. Allen's May 3, 1999, request to review all documents generated in the course of the Division's investigation of New Orleans House Restaurant. It is our opinion that 95-ORD-56, a copy of which is attached hereto and incorporated by reference, is controlling. We therefore affirm the Division of Employment Standards's denial of Mr. Allen's request, but urge the Division to review that decision to insure that future responses conform to the Open Records Act.
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.