Opinion
Opinion By: Daniel Cameron,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
On or about March 19, 200, inmate Uriah Pasha ("Appellant") submitted a request to DOC for a copy of DOC's administrative regulation "relating to the application of [c]redit on a prisoner's sentence for [g]ood [b]ehavior pursuant to KRS 197.045(1)(b)(1)." DOC received the request on March 30, 2020. On the same day, Appellant initiated this appeal. 1
On March 31, 2020, DOC denied the request based on KRS 197.025(2), as the administrative regulation did not contain a specific reference to Appellant. KRS 197.025(2) provides:
Since an administrative regulation is not a record containing a specific reference to an individual inmate, DOC did not violate the Act by denying the request in reliance on KRS 197.025(2).
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes
1 DOC argued that Appellant failed to perfect his appeal because he did not include DOC's response to his request, as required by KRS 61.880(2)(a). However, Appellant initiated his appeal on the mistaken belief that DOC had failed to timely respond. But because DOC did not receive the request until March 30, 2020, its response denying the request on March 31, 2020, was timely. See KRS 197.025(7).