Opinion
Opinion By: Jack Conway, Attorney General; Robyn R. Bender, 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 issue presented in this appeal is identical to the issue presented in an earlier appeal submitted by Douglas A. Wain that resulted in 13-ORD-165. A copy of that open records decision is attached hereto and incorporated by reference. The holding in that decision is dispositive of the issue presented by Mr. Wain for a second time. 40 KAR 1:030 Section 4 1 precludes reconsideration of that issue.
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:
Douglas A. WainMichael R. Sanner
Footnotes
Footnotes
1 40 KAR 1:030 provides:
The Attorney General shall not reconsider a decision rendered under the Open Records Law or the Open Meetings Law. Parties dissatisfied with a decision may appeal the decision to circuit court as provided in KRS 61.880(5) and 61.848.