Opinion
Opinion By: Daniel Cameron,Attorney General;Matthew Ray,Assistant Attorney General
Open Records Decision
On July 8, 2021, Stephen Zoglman ("Appellant") submitted to the Cabinet a request for certain records. On July 16, 2021, having received no response from the Cabinet, the Appellant appealed to this Office.
Under KRS 61.880(1), upon a request for records under the Act, a public agency "shall determine within five (5) [business] days . . . after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the five (5) day period, of its decision." Here, the Cabinet was required to issue a written response on or before July 15, 2021. Because the Cabinet did not respond within five business days it violated the Act. 1
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 proceedings.
Daniel Cameron
Attorney General
Matthew Ray
Assistant Attorney General
Footnotes
Footnotes