Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 61.870-61.884, 121.120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
authorizes the Registry of Election Finance to promulgate administrative
regulations necessary to carry out the provisions of KRS Chapter 121. KRS 61.876 requires each public agency to adopt rules and regulations in conformity
with Kentucky open records law in KRS 61.870 to 61.884. This administrative
regulation establishes the process by which the public may access the public
records held by the Kentucky Registry of Election Finance that are not
available through the agency's Web site.
Section
1. Records Requests.
(1) The
principal office for the registry is 140 Walnut St., Frankfort, Kentucky 40601.
Regular office hours are from 8 a.m. to 4:30 p.m., Monday through Friday,
prevailing time in Frankfort, Kentucky.
(2) The title of the official custodian of
records of the registry is the Records Custodian, whose address is the address
of the agency's principal office and whose email address is
KREFRequests@ky.gov.
(3) Requested
records shall be sent via electronic means to the extent possible and that the
requestor provides an email address through which to receive them.
(4) Fees, to the extent authorized by KRS 61.874, shall be charged for physical copies of requested materials, with a
charge of ten (10) cents a page for each photocopy and reasonable costs for
materials provided in any other format, such as on storage media. The requestor
shall view the records on the registry's searchable public database to the
extent these are available.
(5)
Procedure for requesting records.
(a) Requests
to inspect records shall be made to the Records Custodian by U.S. postal mail
or by email address as provided in subsection (2) of this Section.
(b) Requests to inspect public records shall
be made in writing, describing in reasonably sufficient detail the records to
be inspected, including party and case number, if applicable and known. The
registry shall accept any standardized open records request form provided by
the Office of the Attorney General.
Section 2. Public Disclosure of Registry
Action.
(1) If the registry makes a finding of
no reason to believe or no probable cause or otherwise terminates an
enforcement action, it shall make public its determination and the basis for
the determination no later than thirty (30) days from the date on which the
required notifications are sent to complainant and respondent.
(2) If a conciliation agreement is finalized,
the registry shall make the agreement public.
(3) Except as provided in subsections (1) and
(2) of this section, a complaint filed with the registry, any notification sent
by the registry, any investigation conducted by the registry, or any findings
made by the registry shall not be made public by the registry without the
written consent of the respondent until a written response has been received or
the expiration of the fifteen (15) day response period required by 32 KAR 2:030, Section 3. Upon receipt of a response or the expiration of the fifteen
(15) day period, the complaint, response, and related materials, exclusive of
materials exempted by KRS 61.878(1), shall be open for public
inspection.
(4) Except as provided
in subsections (1) and (2) of this section, an action by the registry or by any
person, and information derived in connection with conciliation efforts shall
not be made public by the registry until a final action with regard to a
conciliation attempt is taken.
STATUTORY AUTHORITY: KRS 61.876,
121.120(1)(g)