G. Response time and process

1. How soon should I get a response?
The public agency must "act upon" (respond to) a record request as soon as possible, but no later than the end of the third business day following the date the request was received. K.S.A. 45-218. Weekends and holidays are not included when counting.

2. What if access or copies are not immediately granted or provided?
If access or copies are not granted immediately (within the three business time frame) the public agency must give a detailed explanation for the delay. K.S.A. 45-218.

3. What if access or copies are denied?
If the request is denied, a written statement of the legal grounds for the denial shall be given upon request. K.S.A. 45-218. Some degree of specificity is required.

4. Who has the burden of establishing that an exception to openness applies to a specific record?
The public agency. The burden of establishing the applicability of an exemption from disclosure under the KORA requires the party claiming the exemption to provide more than conclusory language, generalized allegations, or mere arguments. A sufficiently detailed explanation must be provided to show the reasons why an exemption applies to the requested records.

5. What if I want to know if a law closes a record in advance, before I make a record request?
The KORA does not require record custodian's to provide or determine their response(s) before a request is made nor is it always possible to answer such questions in the abstract or as a hypothetical. You may review the list of exceptions in K.S.A. 45-221 (at www.kslegislature.org) if you want to try guessing. However, the best way to find out if a record custodian thinks a record is closed, and under what exception, is often to simply ask for access or copies of that record together with a request for a written citation to the law closing the record if access/copies are denied.

6. May access or copies be denied by a public agency if it places too much of a burden on the public agency or it's not the first time I've requested the records from the agency?
Yes. Access may be denied if the request places an unreasonable burden in producing the record or is intended to disrupt the agency. K.S.A. 45-218(e). However, the Attorney General cautions public agencies not to use this provision very often; it should be used only in extreme circumstances. Refusal under this section must be sustained by a preponderance of evidence.

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