Request By:
Terrance E. Miles, # 151766, Dorm 6
Northpoint Training Center
P. O. Box 479
Burgin, KY 40310Marian Young
Internal Policy Analyst II
Kentucky Parole Board
P. O. Box 2400
Frankfort, KY 40602-2400Nancy Barber
Administrative Law Judge
Kentucky Parole Board
P. O. Box 2400
Frankfort, KY 40602-2400
Opinion
Opinion By: Gregory D. Stumbo, 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 Terrance E. Miles' appeal of the Kentucky Parole Board's (Board) response to his November 30, 2005, request for a copy of the audio recording of his preliminary parole revocation hearing is time-barred. KRS 197.025(3) provides:
KRS 61.880 to the contrary notwithstanding, all persons confined in a penal facility shall challenge any denial of an open record with the Attorney General by mailing or otherwise sending the appropriate document to the Attorney General within twenty (20) days of the denial pursuant to the procedures set out in KRS 61.880(2) before an appeal can be filed in a Circuit Court.
Thus, an inmate must initiate his appeal within twenty days of the response to his open records request. The Board responded to Mr. Miles' request by letter dated December 7, 2005. Mr. Miles initiated his appeal of the Board's response by letter dated January 5, 2006, but received in this office on January 10, 2006. Some twenty-nine days elapsed between the date of the Board's response and the date Mr. Miles initiated this appeal. Mr. Miles' appeal is therefore untimely, and we are foreclosed from rendering a decision. We find that 02-ORD-54, a copy of which is attached hereto and incorporated by reference, is controlling.
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.