Ky. Rev. Stat. » Chapter 61

Ky. Rev. Stat. § 61.872

Right of Kentucky residents to inspect public records -- Written application

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-- Limitation. (1) All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right. No resident of the Commonwealth shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record. (2) (a) Any resident of the Commonwealth shall have the right to inspect public records. The official custodian may require a written application, signed by the applicant and with his or her name printed legibly on the application, describing the records to be inspected. The official custodian may require the applicant to provide a statement in the written application of the manner in which the applicant is a resident of the Commonwealth under KRS 61.870(10)(a) to (f). (b) The written application shall be: 1. Hand delivered; 2. Mailed; 3. Sent via facsimile; or 4. Sent via e-mail to the public agency's official custodian of public records or his or her designee at the e-mail address designated in the public agency's rules and regulations adopted pursuant to KRS 61.876. (c) A public agency shall not require the use of any particular form for the submission of an open records request, but shall accept for any request the standardized form developed under KRS 61.876(4). (3) A resident of the Commonwealth may inspect the public records: (a) During the regular office hours of the public agency; or (b) By receiving copies of the public records from the public agency through the mail. The public agency shall mail copies of the public records to a person whose residence or principal place of business is outside the county in which the public records are located after he or she precisely describes the public records which are readily available within the public agency. If the resident of the Commonwealth requesting the public records requests that copies of the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing. (4) If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records. (5) If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed five (5) days from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection. (6) If the application 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, the official custodian may refuse to permit inspection of the public records or mail copies thereof. However, refusal under this section shall be sustained by clear and convincing evidence. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 160, sec. 2, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 64, sec. 1, effective June 27, 2019. -- Amended 1994 Ky. Acts ch. 262, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 163, sec. 3, effective July 14, 1992. -- Created 1976 Ky. Acts ch. 273, sec. 2. Legislative Research Commission Note (6/29/2021). Under the authority of KRS 7.136(1), the Reviser of Statutes has altered the format of the text in subsection (2) of this statute during codification. The words in the text were not changed.

Notes of Decisions
Cited in 50 cases (13 in the last 5 years), 1992–2026 · leading case: Commonwealth, Department of Corrections v. Chestnut
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Commonwealth, Department of Corrections v. Chestnut (2008) ky · cites it 20× “KRS 61.872(1). 7 . See KRS 61.884 ("Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.”
Zink v. Commonwealth, Department of Workers' Claims, Labor Cabinet (1994) kyctapp · cites it 6× “KRS 61.872(1) provides, in part, that “All public records shall be open for inspection by any person, except as otherwise provided by KRS 61.”
Utility Management Group, LLC v. Pike County Fiscal Court (2017) ky · cites it 3× “KRS 61.872(1) provides that “all public records shall be open for inspection by any person” and KRS 61.”
City of Fort Thomas v. Cincinnati Enquirer (2013) ky · cites it 3× “” KRS 61.872(1). That presumption is subject only to a handful of statutorily specified exceptions.”
Beckham v. Bd. of Educ. of Jefferson Cty. (1994) ky · cites it 2× “KRS 61.872. Public agencies are authorized to adopt rules and regulations but may not impose requirements which have the effect of thwarting access.”
Kentucky New Era, Inc. v. City of Hopkinsville (2013) ky · cites it 3× “” KRS 61.872(1). 4 This general rule, embodying the Act’s basic policy of “free and open examination of public records,” KRS 61.”
Bowling v. Lexington-Fayette Urban County Government (2005) ky · cites it 2× “KRS 61.872(1). Each public agency, upon any request for records made under KRS 61.”
Southeastern United Medigroup, Inc. v. Hughes (1997) ky · cites it 2× “This section provides: Unless otherwise provided by law, records of the department shall be open to the extent provided by the Kentucky Open Records Act, KRS 61.872 to 61.884: (a) The following records shall be open: 1.”
Lawson v. Office of the Attorney General (2013) ky “The Act’s basic rule, furthermore, is that “[a]ll public records shall be open for inspection by any person,” KRS 61.872(1), 6 the only exceptions being those for which the General Assembly expressly provides.”
University of Kentucky v. Courier-Journal & Louisville Times Co. (1992) ky · cites it 2× “THE UNIVERSITY’S ENTIRE RESPONSE IS SUBJECT TO DISCLOSURE UNDER THE KENTUCKY OPEN RECORDS ACT KRS 61.872 provides that “all public records shall be open for inspection by any person, except as otherwise provided by KRS 61.”
Lexington-Fayette Urban County Government v. Lexington Herald-Leader Co. (1997) ky · cites it 2× “KRS 61.872. Public agencies are authorized to adopt rules and regulations but *471 may not impose requirements which have the effect of thwarting access.”
Central Kentucky News-Journal v. George (2010) ky · cites it 2× “" KRS 61.872(1). Though there are, indeed, several statutory exceptions delineated by the General Assembly, the Act presumes a public interest in the "free and open examination of public records.”
Show all 50 citing cases →
— Ky. Rev. Stat. § 61.872(1) — 22 cases
Kentucky New Era, Inc. v. City of Hopkinsville (2013) ky “” KRS 61.872(1). 4 This general rule, embodying the Act’s basic policy of “free and open examination of public records,” KRS 61.”
Utility Management Group, LLC v. Pike County Fiscal Court (2017) ky “KRS 61.872(1) provides that “all public records shall be open for inspection by any person” and KRS 61.”
Lawson v. Office of the Attorney General (2013) ky “The Act’s basic rule, furthermore, is that “[a]ll public records shall be open for inspection by any person,” KRS 61.872(1), 6 the only exceptions being those for which the General Assembly expressly provides.”
City of Fort Thomas v. Cincinnati Enquirer (2013) ky “” KRS 61.872(1). That presumption is subject only to a handful of statutorily specified exceptions.”
Bowling v. Lexington-Fayette Urban County Government (2005) ky “KRS 61.872(1). Each public agency, upon any request for records made under KRS 61.”
— Ky. Rev. Stat. § 61.872(2) — 6 cases
Commonwealth, Department of Corrections v. Chestnut (2008) ky “KRS 61.872(1). 7 . See KRS 61.884 ("Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.”
Utility Management Group, LLC v. Pike County Fiscal Court (2017) ky “KRS 61.872(1) provides that “all public records shall be open for inspection by any person” and KRS 61.”
City of Fort Thomas v. Cincinnati Enquirer (2013) ky “” KRS 61.872(1). That presumption is subject only to a handful of statutorily specified exceptions.”
Bowling v. Brandenburg (2000) kyctapp
Baker v. Jones (2006) kyctapp
— Ky. Rev. Stat. § 61.872(2)(a) — 1 case
Boone County Clerk Justin Crigler v. Christine McLaughlin (2025) kyctapp
— Ky. Rev. Stat. § 61.872(3) — 2 cases
Commonwealth, Department of Corrections v. Chestnut (2008) ky “KRS 61.872(1). 7 . See KRS 61.884 ("Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.”
Woodward, Hobson & Fulton, L.L.P. v. Revenue Cabinet (2002) kyctapp
— Ky. Rev. Stat. § 61.872(3)(a) — 1 case
Moore v. Shelby County (2017) kyed
— Ky. Rev. Stat. § 61.872(3)(b) — 2 cases
Commonwealth, Department of Corrections v. Chestnut (2008) ky “KRS 61.872(1). 7 . See KRS 61.884 ("Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.”
Flecha v. Fayette County Detention Center (2025) kyed
— Ky. Rev. Stat. § 61.872(4) — 3 cases
Edmondson v. Alig (1996) kyctapp
Eplion v. Burchett (2011) kyctapp
Kentucky Open Government Coalition, Inc. v. Kentucky Department of Fish and Wildlife Commission (2023) kyctapp
— Ky. Rev. Stat. § 61.872(4)(5) — 1 case
Shyamashree Sinha, Md v. Univ. of Kent. (2008) kyctapp
— Ky. Rev. Stat. § 61.872(5) — 4 cases
Zink v. Commonwealth, Department of Workers' Claims, Labor Cabinet (1994) kyctapp “KRS 61.872(1) provides, in part, that “All public records shall be open for inspection by any person, except as otherwise provided by KRS 61.”
Eplion v. Burchett (2011) kyctapp
Cabinet for Health & Family Services v. Todd County Standard, Inc. (2015) kyctapp
James Harrison v. Catherine Weicht (2021) kyctapp
— Ky. Rev. Stat. § 61.872(6) — 9 cases
Commonwealth, Department of Corrections v. Chestnut (2008) ky “KRS 61.872(1). 7 . See KRS 61.884 ("Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.”
Zink v. Commonwealth, Department of Workers' Claims, Labor Cabinet (1994) kyctapp “KRS 61.872(1) provides, in part, that “All public records shall be open for inspection by any person, except as otherwise provided by KRS 61.”
City of Fort Thomas v. Cincinnati Enquirer (2013) ky “” KRS 61.872(1). That presumption is subject only to a handful of statutorily specified exceptions.”
Bowling v. Lexington-Fayette Urban County Government (2005) ky “KRS 61.872(1). Each public agency, upon any request for records made under KRS 61.”
Kentucky New Era, Inc. v. City of Hopkinsville (2013) ky “” KRS 61.872(1). 4 This general rule, embodying the Act’s basic policy of “free and open examination of public records,” KRS 61.”
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