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 decision, and the Attorney General being sufficiently advised, we find that Marion Adjustment Center properly relied on KRS 197.025(2) in denying Mike Rust's October 2, 2003 request for a copy of "the criteria for treatment of hepatitis C virus, . . . the protocol for treatment management plan, and any and all criteria that the Kentucky Department of Corrections may have sent this medical department." We believe that 03-ORD-073, and in particular the discussion at pages two and three of that decision, is dispositive of the issue on appeal. A copy of 03-ORD-073 is attached hereto and incorporated by reference. Based on this decision, we find no error in Marion Adjustment Center's denial of Mr. Rust's request.
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.
Mike Rust, # 116410Marion Adjustment CenterSMU-12995 Raywick RoadSt. Mary, KY 40063
Carolyn Mudd, WardenMarion Adjustment CenterHighway 84St. Mary, KY 40063
Emily DennisDepartment of Corrections2439 Old Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400