Opinion
Opinion By: Jack Conway, 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 Freddie Hayes' appeal from Kentucky State Reformatory's denial of his August 27, 2012, request to inspect his sex offender evaluation report is time-barred. KSR denied Mr. Hayes' request on August 31, 2012. Although his letter of appeal is dated September 6, 2012, it did not reach this office until October 5, 2012. KRS 197.025(3) clearly states:
KRS 61.870 to 61.884 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 documents 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.
Mr. Hayes' appeal was not sent within the statutorily mandated twenty days of KSR's denial. We must, therefore, decline jurisdiction. Accord, 12-ORD-072.
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.
Distributed to:
Freddie Hayes, # 66109James J. Van Nort, Psy.D.Amy V. Barker