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Opinion

Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 Laboratory Corporation of America Holdings (LabCorp) did not violate the Open Records Act. We believe that 01-ORD-144, which held that LabCorp is not a public agency and, thus, is not subject to the requirements of KRS 61.880(1) and other provisions of the Open Records Act, is controlling. A copy of that decision is attached hereto and incorporated by reference. Accordingly, we conclude that LabCorp's actions relative to Mr. Simpson's open records request did not constitute a violation of the Act.

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.

LLM Summary
The decision concludes that Laboratory Corporation of America Holdings (LabCorp) did not violate the Open Records Act because, as established in 01-ORD-144, LabCorp is not a public agency and thus not subject to the requirements of the Open Records Act. The decision follows the reasoning and conclusions of 01-ORD-144.
Disclaimer:
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Requested By:
William F. Simpson
Agency:
Laboratory Corporation of America Holdings (LabCorp)
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 79
Cites:
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