NOT TO BE PUBLISHED
97-ORD-38
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
#138
Enclosures
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.