RELATES TO:
KRS
61.846,
61.880
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
61.880 requires the Attorney General to issue
legally binding decisions in disputes arising under the Open Records Law.
KRS
61.846 requires the Attorney General to issue
legally binding decisions in disputes arising under the Open Meetings Law. This
administrative regulation is necessary in order to set forth the procedures to
be used by the parties involved in such adjudications.
Section 1. Form. The Attorney General shall
not consider a complaint that fails to conform to
KRS
61.846(2), requiring the
submission of a written complaint to the public agency and the public agency's
written response, if the agency provided a response, and
KRS
61.880(2), requiring the
submission of a written request to the public agency and the public agency's
written denial, if the agency provided a denial.
Section 2. Notice. Upon receiving a
complaint, the Attorney General's Office shall send notice to the public agency
that a complaint has been filed and a copy of the complaint. The agency may
provide the Attorney General with a written response to the issues raised in
the complaint. The agency shall send a copy of this response to the complaining
party taking the appeal. If the agency fails to provide such copy, the Attorney
General shall provide one upon request. The Attorney General shall consider any
response received before the decision is prepared; however, the Attorney
General shall not agree to withhold action on the complaint beyond the time
limit imposed by
KRS
61.846(2) and
61.880(2).
Section 3. Additional Documentation.
KRS
61.846(2) and
61.880(2)
authorizes the Attorney General to request additional documentation from the
agency against which a complaint is made. If documents thus obtained are copies
of documents claimed by the agency to be exempt from the Open Records Law, the
Attorney General shall not disclose them and shall destroy the copies at the
time the decision is rendered.
Section
4. Reconsideration. The Attorney General shall not reconsider a
decision rendered under the Open Records Law or the Open Meetings Law. Parties
dissatisfied with a decision may appeal the decision to circuit court as
provided in
KRS
61.880(5) and
61.848.
Section 5. Appeals. Each public agency
against which an appeal to circuit court is filed shall notify the Attorney
General of the appeal. The Attorney General shall not be made a party to an
open meetings or open records appeal.
Section
6. Moot Complaints. If the requested documents are made available
to the complaining party after a complaint is made, the Attorney General shall
decline to issue a decision in the matter.
