Request By:
Jerry Harris
Chief Appeals Referee
Department for Social Insurance
Cabinet for Human Resources
275 East Main Street
Frankfort, Kentucky 40621
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
Benjamin D. Rogers, attorney, has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request to inspect certain documents in your possession as Chief Appeals Referee for the Cabinet for Human Resources, Division for Unemployment Insurance. Specifically, Mr. Rogers requested a copy of the referee decision in case #AD 83-2889, David Carter v. Ward Cartage Trucking, decision rendered March, April, or May of 1983.
Your denial stated that since Mr. Rogers did not represent either party, written authorization from either party was required before release. Also, you stated that KRS 61.870 et. seq. and 200 KAR 1:020 do not authorize release of this information.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that your denial of inspection was improper under Kentucky Open Records law.
KRS 61.880(1) requires each public agency which receives a request for public inspection of records to respond in writing of its decision to the requester. A denial response, such as the one tendered by you herein, "shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld." Additionally, a copy of the written response denying inspection is to be forwarded to this office. KRS 61.880(2). Your response did not follow the mandate of KRS 61.880 and was therefore inadequate to deny the request.
The referee's decision which is the subject of the request is a public record under KRS 61.870(2), and thus open to public inspection unless exempted by KRS 61.878. Since the referee's decision is evidence of a final action by the agency, the exemptions of KRS 61.878 do not apply. See KRS 61.878(1)(g). Therefore, Mr. Rogers should be allowed to inspect the referee decision pursuant to the procedures outlined by KRS 61.872.
Therefore, it is the opinion of this office that your denial was not adequate pursuant to KRS 61.880, and that the referee's decision in case #AD 83-2889, David Carter v. Ward Cartage Trucking, is open to public inspection under Kentucky Open Records law.
As directed by statute, a copy of this opinion is being sent to the requester. If you decide not to comply with this opinion, you may initiate further proceedings under KRS 61.880.