Kentucky Open Records Act

Response Timeline

5 business days to respond (recently amended from 3 to 5). No statutory extension provision, but the Attorney General can take up to 20 business days to respond on appeal.

Kentucky residents only. 'Resident' includes: individuals living in KY, domestic businesses, workers in KY, property owners, and news organizations covering KY. Non-residents may submit requests but cannot enforce denials through the Open Records Act's appeal process.

How to Submit a Request

Accepted Methods

• Written — Email, mail, or fax
• In person — Accepted at agency offices
• Online portal — Some agencies accept online requests

Requests must be in writing. Should describe records sought with reasonable specificity.

Required Elements

• Description of records sought
• Contact information for response
• Kentucky residency or connection

Optional Elements

• Preferred format
• Whether request is commercial or noncommercial

Fees

Noncommercial requests: actual cost of reproduction only, no search fees, no staff time charges. State agencies traditionally charge $0.10/page. Commercial requests may include staff costs. Search fees are prohibited for noncommercial requests.

Fee Waivers

• Agencies may waive fees at their discretion

No mandatory fee waiver provisions. Agencies have discretion to waive fees.

Exemptions

• Personal privacy
  Records that would constitute a clearly unwarranted invasion of personal privacy
• Confidential research
  Confidential research data and records
• Trade secrets
  Trade secrets and proprietary commercial information
• Law enforcement
  Law enforcement investigative records
• Real estate
  Real estate appraisals prior to acquisition
• Exam materials
  Examination questions and materials prior to administration
• Preliminary drafts
  Preliminary drafts, notes, and internal communications
• Attorney client
  Attorney-client privileged communications
• Medical
  Medical and psychiatric records
• Security
  Records relating to homeland security and critical infrastructure

Exemptions should be construed narrowly. The burden of proof is on the agency to justify withholding records.

Appeal Process

Kentucky's AG appeal process is a key feature - AG opinions are binding on agencies unless overturned by court. Requesters can also bypass the AG and go directly to Circuit Court. The Legislative Research Commission handles appeals for General Assembly records.

Request Templates

Records Retention

Ky. Rev. Stat. §171.410–171.740

View retention law →

Retention schedule catalog →

KDLA establishes standards and administrative regulations for managing government records. The State Libraries, Archives, and Records Commission serves as the final authority for disposition of all public records.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Kentucky →
• NFOIC State FOI Resources →