Once it has been determined that records requested under the Kentucky Open Records Act no longer exist, the responsible agency is required to provide the requester with a written explanation for the records’ nonexistence. Therefore, an inmate was entitled to relief under the Act based upon a request for certain jail records, even though the records allegedly no longer existed. Eplion v. Burchett, 354 S.W.3d 598, 2011 Ky. App. LEXIS 215 (Ky. Ct. App. 2011).
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