24-ORD-144
June 18, 2024
In re: Bethany Davis/Department of Insurance
Summary: The Department of Insurance (“the Department”) did not
violate the Open Records Act (“the Act”) when it denied a request that
did not sufficiently describe the public records sought.
Open Records Decision
On May 17, 2024, Bethany Davis (“Appellant”) submitted a request to the
Department for “signed ins. documents – ALL.” The Department timely denied the
request on the grounds that it did not sufficiently describe the records the Appellant
sought. This appeal followed.
Under the Act, a public agency’s custodian of records “may require a written
application . . . describing the records to be inspected.” KRS 61.872(2)(a). A request
to inspect public records must describe those records in a manner “adequate for a
reasonable person to ascertain the nature and scope of [the] request.” Commonwealth
v. Chestnut, 250 S.W.3d 655, 661 (Ky. 2008). If the request is for copies of public
records, it must “precisely describe[ ] the public records which are readily available
within the public agency.” KRS 61.872(3)(b). A description is precise “if it describes
the records in definite, specific, and unequivocal terms.” 98-ORD-17 (internal
quotation marks omitted). This standard may not be met when a request does not
“describe records by type, origin, county, or any identifier other than relation to a
subject.” 20-ORD-017 (quoting 13-ORD-077).
Here, the Appellant simply requested all “signed” documents, which is not an
identifiable type of record. Because the Appellant’s request did not describe public
records by any criteria other than being “signed,” it failed to describe the records
sought in a manner adequate for a reasonable person to ascertain the nature and
scope of the request. Accordingly, the Department did not violate the Act when it
denied the Appellant’s request.A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. 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. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#251
Distributed to:
Ms. Bethany Davis
John N. Evans, Esq.
Ms. Jessica A. Short