Kansas Statutes 45-218. Inspection of records; request; response; refusal, when; fees
(a) All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No person shall removal* original copies of public records from the office of any public agency without the written permission of the custodian of the record.
(b) Upon request in accordance with procedures adopted under Kan. Stat. Ann. § 45-220, any person may inspect public records during the regular office hours of the public agency and during any additional hours established by the public agency pursuant to Kan. Stat. Ann. § 45-220.
Terms Used In Kansas Statutes 45-218
- Business day: means any day other than a Saturday, Sunday or day designated as a holiday by the congress of the United States, by the legislature or governor of this state or by the respective political subdivision of this state. See Kansas Statutes 45-217
- Custodian: means the official custodian or any person designated by the official custodian to carry out the duties of custodian of this act. See Kansas Statutes 45-217
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public agency: means the state or any political or taxing subdivision of the state or any office, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state. See Kansas Statutes 45-217
- Public record: includes , but is not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund. See Kansas Statutes 45-217
(c) If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record, if known to or readily ascertainable by such person.
(d) Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.
(e) The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence.
(f) A public agency may charge and require advance payment of a fee for providing access to or furnishing copies of public records, subject to Kan. Stat. Ann. § 45-219.