45-218. Inspection of records; request; response; refusal, when; fees.
45-218
45-218. Inspection of records; request; response; refusal, when;fees.(a) All public records shall be open for inspection by any person, exceptas otherwise provided by this act, and suitable facilities shall be madeavailable by each public agency for this purpose. No person shall removaloriginal copies of public records from the office of any public agencywithout 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 regularoffice hours of the public agency and during any additional hoursestablished by the public agency pursuant to K.S.A. 45-220.
(c) If the person to whom the request is directed is not the custodianof the public record requested, such person shall so notify the requesterand shall furnish the name and location of the custodian of the publicrecord, if known to or readily ascertainable by such person.
(d) Each request for access to a public record shall be acted upon assoon as possible, but not later than the end of the third business dayfollowing the date that the request is received. If access to the publicrecord is not granted immediately, the custodian shall give a detailedexplanation of the cause for further delay and the place and earliest timeand date that the record will be available for inspection. If the requestfor access is denied, the custodian shall provide, upon request, a writtenstatement of the grounds for denial. Such statement shall cite thespecific provision of law under which access is denied and shall befurnished to the requester not later than the end of the third business dayfollowing the date that the request for the statement is received.
(e) The custodian may refuse to provide access to a public record, or topermit inspection, if a request places an unreasonable burden in producingpublic records or if the custodian has reason to believe that repeatedrequests are intended to disrupt other essential functions of the publicagency. However, refusal under this subsection must be sustained bypreponderance of the evidence.
(f) A public agency may charge and require advance payment of a fee forproviding access to or furnishing copies of public records, subject toK.S.A. 45-219.
History: L. 1984, ch. 187, § 4; Feb. 9.