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Requesting a Public Record

This page was created to provide a faster, more efficient avenue to accessing Office of Housing, Buildings and Construction’s public records. Anyone interested in exercising his or her rights under the Open Records Act (ORA), KRS 61.870, to view our records may do so.

What is an open records request?

Kentucky Revised Statute (KRS) 61.870 and the Open Records Act (ORA) define a public record as: all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, or retained by a public agency.

For any reason, a person may request an inspection of the agency’s records. Unless the material is exempt from disclosure under KRS 61.878, the agency must respond to a request within three working days after the request is received. (Please note that according to the Office of the Attorney General, ". . . the purpose of the ORA is not to provide information, but to provide access to public records…" OAG 89-81, OAG 90-19.)

What is the procedure for inspecting public records?

To make an open records request, you must submit a written request to the records custodian. A written request is either a completed open records form accessed by clicking on open records request form (Word - 323KB) or a letter stating specifically which records are desired for review. This request may either be faxed, mailed or e-mailed to the agency specifying the records or information desired.

How long will it take to get a response?

Under KRS 61.880(1), a decision to grant or deny an open records request must be made within three working days after the request is received. Weekends and holidays do not count as part of the three days response time. For example, if a custodian receives a request on Monday, June 23, she must respond to the requester by Thursday, June 26, provided that the 23rd, 24th, 25th and 26th are not holidays.

The records custodian may advise the requester that the records will be made available for review at the end of the three-day period. If it is known, however, that the files can be reviewed sooner, then the requester will be so advised. The records custodian will then set up a time for the requestor to inspect the records requested.

In the event that the information is not available to respond to a request within three days or is in use, a letter will be sent to the requestor explaining the reason for the delay and providing a date when the information will be made available for inspection.

What material is exempt from public inspection?
Any file must be reviewed before it is inspected by a member of the public to determine what, if any, exempted material, may be contained in the files. Nondisclosable material is kept in a separate file(s). The records exempt from an information request are found under KRS 61.878: http://www.lrc.ky.gov/KRS/061-00/878.PDF

May I inspect records on site?
Upon notification the request has been granted, the requestor may examine a public record at the Office of Housing, Buildings and Construction between the hours of 8 a.m. and 4:30 p.m. (Eastern time) or by requesting copies of the records by mail.

If you have any comments, suggestions or questions pertaining to the Office of Housing, Building and Construction’s Open Records Act process, contact:

Office of the Executive Director
101 Sea Hero Rd., Suite 100
Frankfort, KY  40601
(502) 573-0365 - Office
(502) 573-1057 - Fax

Office of Housing, Buildings and Construction
101 Sea Hero Road
Suite 100
Frankfort, KY 40601
Phone: 502-573-0365 ext 125
Fax: 502-573-1057
E-mail: Teena.Oaken@ky.gov

 

Last Updated 5/2/2008
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