Kansas Statutes Annotated

K.S.A. § 45-218 (2026)

Inspection of records; request; response; refusal, when; fees

✓ current as of May 2026

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45-218. Inspection of records; request; response; refusal, when; fees. (a) All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No person shall removal* original copies of public records from the office of any public agency without the written permission of the custodian of the record.

(b) Upon request in accordance with procedures adopted under K.S.A. 45-220, any person may inspect public records during the regular office hours of the public agency and during any additional hours established by the public agency pursuant to K.S.A. 45-220.

(c) If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record, if known to or readily ascertainable by such person.

(d) Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.

(e) The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence.

(f) A public agency may charge and require advance payment of a fee for providing access to or furnishing copies of public records, subject to K.S.A. 45-219.

History: L. 1984, ch. 187, § 4; February 9.

Notes of Decisions

Cited in 23 cases (8 in the last 5 years), 1991–2025 · leading case: Baker v. Hayden, 490 P.3d 1164 (Kan. 2021).

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Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). · cites it 6× “K.S.A. 45-218(a) ("All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose.”

Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). · cites it 11× “See K.S.A. 45-218. Contrast Seaton, 898 S.W.2d at 233 .”

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). · cites it 2× “However, refusal under this subsection must be sustained by preponderance of the evidence.” Here, the Secretary of Corrections has made no claim of a right to refuse to provide access under K.”

State, Dep't of Soc. & Rehab. Servs. v. Pub. Emp. Relations Bd. of the Kansas Dep't of Human Resources, 815 P.2d 66 (Kan. 1991). · cites it 2× “K.S.A. 45-218. KORA does not allow an agency unregulated discretionary power to refuse to release information sought by the public.”

Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). · cites it 3× “For example, “[a] ll public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose.”

Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). “The public policy stated in KORA is that all records are ‘open for inspection by any person unless otherwise provided by this act.”

Baker v. Hayden, 419 P.3d 31 (Kan. Ct. App. 2018). · cites it 2× “" The right to inspect also generally includes a right to copy. See K.S.A. 2017 Supp. 45-219(a) ("Any person may make abstracts or obtain copies of any public record to which such person has access under this act.”

Data Tree, LLC v. Meek, 109 P.3d 1226 (Kan. 2005). “” This is reiterated in K.S.A. 45-218(a), which states in part: “All public records shall be open for inspection by any person, except as otherwise provided by this act.”

R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “45-216(a); K.S.A. 45-218(a). The Legislature also specified that KORA "shall be liberally construed and applied to promote" this stated public policy.”

Burroughs v. Thomas, 937 P.2d 12 (Kan. Ct. App. 1997). “The final issue involves all of the medical records that were developed throughout Launcelot’s lifetime.”

State v. Stevens, 992 P.2d 1244 (Kan. Ct. App. 1999). “The Open Records Act also establishes a list of *609 public records that are not subject to mandatory disclosure.”

Hughs v. Valley State Bank, 994 P.2d 1079 (Kan. Ct. App. 1999). “K.S.A. 45-218(a). The Act does allow agencies to refuse to disclose records when federal law prohibits disclosure or when records relate to agency investigations into violations of civil laws or administrative regulations.”

Show all 23 citing cases →

— K.S.A. § 45-218(a) — 11 cases

Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). “K.S.A. 45-218(a) ("All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose.”

Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). “See K.S.A. 45-218. Contrast Seaton, 898 S.W.2d at 233 .”

Baker v. Hayden, 419 P.3d 31 (Kan. Ct. App. 2018). “" The right to inspect also generally includes a right to copy. See K.S.A. 2017 Supp. 45-219(a) ("Any person may make abstracts or obtain copies of any public record to which such person has access under this act.”

Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). “For example, “[a] ll public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose.”

— K.S.A. § 45-218(b) — 2 cases

Roe v. Phillips (Kan. Ct. App. 2022).

— K.S.A. § 45-218(c) — 3 cases

State v. Great Plains of Kiowa Cnty., Inc., 389 P.3d 984 (Kan. Ct. App. 2017).

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

Roe v. Phillips (Kan. Ct. App. 2022).

— K.S.A. § 45-218(d) — 6 cases

Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). “See K.S.A. 45-218. Contrast Seaton, 898 S.W.2d at 233 .”

Clark v. Unified Sch. Dist. No. 287, 416 P.3d 1032 (Kan. Ct. App. 2018).

Telegram Publ'g Co. v. Kansas Dep't of Transp., 49 P.3d 554 (Kan. Ct. App. 2002).

Newton v. Atchison, Kansas, City of (D. Kan. 2023).

— K.S.A. § 45-218(e) — 3 cases

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). “However, refusal under this subsection must be sustained by preponderance of the evidence.” Here, the Secretary of Corrections has made no claim of a right to refuse to provide access under K.”

State, Dep't of Soc. & Rehab. Servs. v. Pub. Emp. Relations Bd. of the Kansas Dep't of Human Resources, 815 P.2d 66 (Kan. 1991). “K.S.A. 45-218. KORA does not allow an agency unregulated discretionary power to refuse to release information sought by the public.”

Roe v. Phillips (Kan. Ct. App. 2022).

— K.S.A. § 45-218(f) — 1 case

Zesiger (D. Kan. 2025).

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