Kentucky Public Records Law

Kentucky's public records law is known as the Kentucky Open Records Act (KORA). KORA is a series of laws designed to ensure openness and accountability in government by allowing the public access to the records of public agencies.

The public agency has a broad definition under KORA; it includes every state or local government officer, department, division, board, authority, bureau, agency, council, court, and judicial agency. Note that KORA's definition of a public agency also includes private companies receiving significant government funding under specific circumstances. KORA laws were enacted in 1976 and codified under KRS 61.870 to KRS 61.884.

Where Do I Submit a Public Record Request in Kentucky?

Under KORA laws, requests for public records in the state must be submitted to the official custodian of the records. The official custodian of a record is typically the chief administrative officer or other officer or employee of the public agency responsible for maintaining that public record.

How Do I Request Public Records in Kentucky?

To request Kentucky public records, you may follow these steps:

• Identify the agency maintaining the record you want
• Identify the custodian of records for that agency
• Prepare your request. Compile the details you need to provide in your request and determine if the agency has peculiar forms or methods of requesting public records
• Submit your request to the custodian of records using acceptable methods such as mail, email, online, or in-person submission.
• Pay the necessary fees if you need copies of the record
• Wait for a response

If you want to find public records from the comfort of your home, you may use a reputable third-party website offering a Kentucky public record search.

What Records are Public in Kentucky?

All records of Kentucky public agencies are presumed to be open to the public except where specifically exempted by another law or a provision of KORA. Commonly requested public records in Kentucky include:

• Vital Records: KORA affords the public limited access to birth, death, marriage, and divorce records
• Property Records: Publicly accessible property records include liens, deeds, and property tax and valuation records
• Judicial Records: Court case information is generally public. You may find circuit court records, district court records, some family court records, some court of appeal records, and some supreme court records
• Law Enforcement Records: These include police reports, arrest records, and some inmate information
• Government Financial Records: These include budget information, expenditures, and audit reports.

Who Can Request Public Records in Kentucky?

KORA makes public records open to any person who is a resident of the Commonwealth. Consequently, only Kentucky residents' rights to use the KORA are enforceable. However, non-residents may still be granted access to inspect and copy public records in the state. Kentucky law defines "person" to include individuals, partnerships, communities, societies, the public generally, bodies-politic and corporate, limited liability companies, and joint stock companies.

What Is the Response Time for Public Records Requests in Kentucky?

Public agencies in Kentucky are required to respond to public record requests within five business days (excluding weekends and legal holidays) of receiving the request. They are to provide the records requested, deny the request with a reason, or inform the requester of the reason for the delay and provide a reasonable timeframe for when the records will become available.

What Is the Fee Charged for Providing Copies of Public Records?

While KORA does not set a standard fee that may be charged for public record requests, it recommends that agencies set and publish scheduled fees that are required for obtaining public records that they maintain. Typically, the fee charged for records obtained for non-commercial purposes is restricted to only include the cost of duplication, while fees charged for records obtained for commercial purposes may include other costs, such as staff time.

Due to the provisions of the KORA, there are no fees charged for inspecting public records. However, public agencies typically between $0.10 to $0.50 per page, depending on the agency and the type of record requested.

What Records Are Exempted Under the Kentucky Public Law?

Some records are exempt from public disclosure under the Kentucky Open Records Act for reasons such as privacy and confidentiality. Some of these records include:

• Records containing personal information that would be an invasion of privacy such as medical records, personal addresses
• Drafts, notes, and preliminary memos that are not final policy decisions
• Investigative records if disclosure would harm ongoing investigations, reveal informant identities, or endanger lives
• Records protected by attorney-client privilege or containing confidential legal advice
• Documents related to public agency security measures and emergency response plans.
• Student records are protected under federal law (FERPA)
• Any records sealed or specifically exempted by state or federal law
• Confidential proprietary data submitted by businesses for licensing or regulatory purposes