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When a Records Request Is Denied

KRS 61.880 — the Attorney General decides within 20 days, and either side has 30 days to go to court

  • The requester sends the Attorney General a copy of the request and of the written denial, or of the request alone if the agency never answered.
  • The Attorney General issues a written decision within twenty days, excepting Saturdays, Sundays and legal holidays, and may extend that in unusual circumstances by written notice.
  • A party has thirty days from the decision to appeal it to Circuit Court; without an appeal, the decision has the force of law.
  • KRS 61.880
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A requester may also go straight to Circuit Court without first going to the Attorney General. The agency carries the burden of proof, and the court may look at the records privately.

  • KRS 61.882

Where records were willfully withheld, a requester who wins may be awarded costs and reasonable attorney's fees, and up to $25 for each day of denial.

  • KRS 61.882
Sources for this section (2)
  1. KRS 61.880 — Denial of inspection -- Role of Attorney General
  2. KRS 61.882 — Jurisdiction of Circuit Court in action seeking right of inspection -- Burden of proof -- Costs -- Attorney fees

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.

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