Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: A. B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Cabinet for Health Services - Administrative Hearings Branch properly demanded prepayment of reasonable copying charges before agreeing to provide Lisa Simpson with "copies of [her] appellate record in its entirety." KRS 61.872(3); KRS 61.874(3). We believe that 94-ORD-90 1 and 95-ORD-90, copies of which are attached hereto and incorporated by reference, are controlling. We are aware of no provision in the law requiring public agencies to waive prepaid copying charges, or absorb the cost of copying themselves.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes