March 10, 1997

In re: Lisa Simpson/Cabinet for Health Services - Administrative Hearings Branch

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 Cabinet for Health Services - Administrative Hearings Branch properly demanded prepayment of reasonable copying charges before agreeing to provide Lisa Simpson with “copies of [her] appellate record in its entirety.” KRS 61.872(3); KRS 61.874(3). We believe that 94-ORD-90 [1] and 95-ORD-90, copies of which are attached hereto and incorporated by reference, are controlling. We are aware of no provision in the law requiring public agencies to waive prepaid copying charges, or absorb the cost of copying themselves.

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.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

Lisa Simpson

2439 Bittel Road

Owensboro KY 42301

Randall S. Strause

Chief Administrative Law Judge

Administrative Hearings Branch

Cabinet for Health Services

275 East Main Street

Frankfort KY 40601


[1] The status of KRS 61.874(4)(c)(1) and (2), which is discussed at pages 2 and 3 of 94-ORD-90, but which is not relevant to this decision, is somewhat clouded by the federal district court's holding in Stephen Amelkin D. C. v Commissioner, Department of State Police, Civil Action No. 3:94 CV-360-A (W.D. Ky. June 4, 1996), appeal docketed, No. 96-5942 (6th Cir. July 2, 1996). KRS 61.872(3) and 61.874(3), which are controlling, were not questioned in Amelkin, and remain the law of the Commonwealth.