23-ORD-046
March 1, 2023
In re: Chris Douglas Hawkins/Kentucky Department of Corrections
Summary: The Kentucky Department of Corrections (“the
Department”) did not violate the Open Records Act (“the Act”) when it
responded to a request to inspect records within five business days of
receiving it.
Open Records Decision
On January 17, 2023, inmate Chris Douglas Hawkins (“Appellant”) submitted
a request for records to the Department containing three subparts. On January 30,
2023, having received no response from the Department, the Appellant initiated this
appeal.
On appeal, the Department claims it issued a timely response to the
Appellant’s request and that the appeal is unperfected because the Appellant did not
include a copy of its response. The Department states that it received the Appellant’s
request on January 19, 2023 and issued its response on January 26, 2023. As proof,
the Department submits copies of the Appellant’s request indicating it was received
on January 19, 2023, its response dated January 26, 2023, and an inmate mail log
containing the Appellant’s signature documenting he received “legal mail” from the
Department on January 30, 2023.
Under KRS 61.880(1), upon receiving a request to inspect 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.”
If the agency responds to a request and the requester disputes that response, he canask the Office to review the matter by submitting a copy of his original request and
the agency’s response. KRS 61.880(2)(a). Alternatively, if an agency does not respond
within five business days, the requester can ask the Office to review that violation by
submitting a copy of the original request. Id.
Here, the Appellant complied with KRS 61.880(2)(a) by submitting to this
Office a copy of his request to the Department dated January 17, 2023, and stating
he did not receive a response to that request.1 Nevertheless, the Department provides
proof on appeal that it mailed its response to the Appellant within five business days
of receiving the request. Accordingly, the Department did not violate the Act when it
issued a timely response to the Appellant’s request.
A party aggrieved by this decision may appeal it by initiating action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#050
Distributed to:
Chris Hawkins #103061
Amy V. Barker
Lydia C. Kendrick
Ann Smith
1
It appears likely from this record that the Appellant submitted his appeal on January 30 before
he received the Department’s response that same day. To the extent the Appellant continues to claim
he did not receive the response, the Office cannot resolve that factual dispute. See, e.g., 23-ORD-036;
21-ORD-233.