Access to Kansas Open Records
Your Right To Request Public Records Under The Kansas Open Records Act,
K.S.A. 45-215 et seq.
- You have the right to inspect and obtain copies of public records that the Kansas Department for Aging and Disability Services (KDADS) maintains which are not otherwise exempt from disclosure by a specific law.
- KDADS’s Freedom of Information Officer, or designee, is available to assist you in following the policies and procedures necessary to obtain access to or copies of the public records you want.
- Your request for public records must be in writing. Use KDADS Open Records Request form to assist you in making your request.
- You will be charged a reasonable fee, not exceeding actual cost, for the staff time required in processing your request and a reasonable fee for copying. An additional charge will be assessed for supervision, faxing and computer searches. KDADS requires payment prior to any records being made available to the requester. The fee schedule is listed below.
- You cannot remove original copies of public records from KDADS.
- Your request for public records will be acted on by the end of the third business day from when your written request was received. If it takes longer than three business days, you will be notified by KDADS.
- You can bring a private lawsuit or file a complaint with the Kansas Attorney General’s Office if you feel you are wrongfully denied records.
KDADS's Responsibilities
- You may consult with KDADS’s Freedom of Information Officer to determine if the record you need exists or is available. Be prepared to provide a specific description of the records you seek.
- The Kansas Open Records Act (KORA) does not require KDADS to answer questions or prepare reports. KDADS is only required to provide public records that already exist. There is no requirement for KDADS to create a record at your request.
- If KDADS takes longer than three business days to act on your request, you will receive notification from KDADS explaining that it will take additional time to produce the records. Reasons for additional time may include, but are not limited to, voluminous records, complicated request parameters, unresolved legal issues or difficulty in accessing archived records.
- Your request may be denied in whole or in part. If the request is denied, KDADS will identify generally the records denied, and the specific legal authority for the denial.
KDADS's Fee Schedule
- Search fee
$2.50 per quarter hour
- Supervision or File Review
Oversight fee: $2.50 per quarter hour
- Copying fee
$0.25 per page (8.5" x 11")
$0.25 per page (8.5" x 14")
- Cost Report
$50.00 per download file
- Staff Time
Fees will be accessed at the rate of pay for each person(s) whose time is required to meet the record request. This may include time spent to access and review records to determine whether the request complies with the Kansas Open Records Act.
- Record Custodian, Clerical, Administrative
$20.00 per hour charged in quarter hour increments
- Supervisors/Program Directors
$25.00 per hour charged in quarter hour increments
- Information Technology (IT)
$38.00 per hour charged in quarter hour increments
- Additional Fees
Any other actual costs incurred by the Kansas Department for Aging and Disability Services
The agency will provide an estimate of the fees which shall be paid prior to producing the records. Records will not be released until payment is received. If the final cost is lower than the estimate, the requestor will be reimbursed for the difference.
What Records are Available?
Most records maintained by public entities
are open for public inspection and copying.
Records commonly requested include, but are
not limited to:
- Minutes of open meetings
- Policies
- Salaries of public officials
- Agency budget documents
- Adult care home statutes and regulations
Exceptions to the Kansas Open Records Act
The Kansas Open Records Act (KORA) recognizes that certain records contain private or privileged information. The KORA lists several exceptions including, but not limited to, the following:
- Personnel information of public employees
- Medical treatment records
- Records protected by the attorney-client
privilege
- Records closed by the rules of evidence
- Records containing personal information
compiled for census purposes
- Notes and preliminary drafts
- Criminal investigations
A list of additional exceptions can be
found at K.S.A. 45-221
How to Request a Public Record
You can obtain access to KDADS public records by contacting the Freedom of Information Officer at 800-432-3535 to determine if the record you need exists or is available.
You will be asked to submit your request in writing. Please be as specific as possible in describing the public records you want. Use KDADS Open Records Request form to assist you in making your request.
Send your written request to the KDADS Freedom of Information Officer:
Freedom of Information Officer
Kansas Department for Aging and Disability Services
503 S. Kansas Avenue, Topeka, KS 66603-3404
or you can fax your request to 785-296-0256
Additional information can be obtained
on the internet at: http://www.ksag.org/content/page/id/141.
Your Responsibilities upon Receipt of a
Public Record
Except for the limited purposes set forth
in K.S.A.
45-230(a) (1) through (a)(6), a person
receiving public records may not:
- Knowingly sell, give or receive, for
the purpose of selling or offering for
sale any property or service to persons
listed therein, any list of names and
addresses contained in or derived from
public records contained on this site;
and
- Use any information obtained from
this site for any unlawful purpose (civil
or criminal) whatsoever.
In the event a person receiving public
records knowingly violates one or more provisions
of K.S.A. 45-230, he or she may be liable
for the payment of a civil penalty in an
action brought by the attorney general, county
or district attorney in a sum set by the
court not to exceed $500 for each violation,
and such other penalties as provided for
by law.
To obtain the full text of K.S.A. 45-230, Click
here.