How to Request Records from the KCC
Requests for records in the possession of the KCC under the Kansas Open Records Act (KORA) K.S.A. 45-215 et seq. must be submitted in writing. To ensure your request is being made under KORA, the requests must be addressed to the Custodian of Records noting that it is a KORA request, as shown below. Requests not clearly indicated as a KORA request may be delayed.
For requests including administration, utilities, pipeline safety, transportation and energy programs
For records from the Conservation Division, including oil and gas drilling and well plugging
Please note that many documents filed in dockets at the KCC are scanned and available on the KCC website. Please check the website before making an open records request, to see if the time and expense of a request can be avoided.
All requests must be in writing. To assist us in identifying the records you are requesting, please be specific and as clear as possible in your request. Your use of the KCC’s Open Records Request form will help us to understand and process your request as quickly as possible. Unless your request is for only a few documents, you will be charged for copies and staff time spent locating and gathering documents. It is in your interest to clarify which documents you are seeking, if requested to clarify.
HOW TO VIEW OR OBTAIN COPIES OF RECORDS
Records available to the public under KORA (See, generally, K.S.A. 45-217 [g] and K.S.A. 45-221) can be viewed at the office which maintains those records. If you wish to view documents you must make an appointment to see them during regular business hours, 8:00 am to 5:00 pm, Monday through Friday, excluding holidays.
Documents may not be removed from a KCC office. Persons requesting copies of documents will be informed of the costs and will be required to pay for copies as noted below.
WHEN A REQUEST FOR RECORDS MAY BE DENIED
Some records are not available to the public. If you are denied the opportunity to review or receive copies of records you will be told why it is not possible to honor your request.
Documents are provided for viewing to a requester who has provided written certification that the requester does not intend to, and will not: (A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed; or (B) sell, give, or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed. K.S.A. 45-220(c)(2).
NOTE: Requests determined by the Custodian of Records to impose an unreasonable burden on the agency, or intended to be disruptive to the essential functions of the agency, may be denied.
COSTS FOR OBTAINING RECORDS
SUMMARY OF COSTS: All amounts billed must be paid prior to delivery of the requested documents. For responses exceeding the maximum number of free copies or maximum amount of free time spent responding (see following paragraph): Cost of reproduced records is $.25 per page. Maps are $7.50 each for full-sized maps of certified areas. Other maps are $7.50 or may be billed at a different amount if established by the Custodian of Records or that person’s designee. Mail and shipping expenses are charged at actual cost. Faxed copies are charged at the rate of $1.20 per page. Clerical staff time to locate and duplicate records is charged at a rate of $16 per hour, billed in quarter-hour increments. At the discretion of the Custodian of Records, requests which require excessive amounts of time by professional or technical staff may result in additional charges.
Persons requesting records may be charged staff time and/or duplication and printing costs. Single requests in a single day that result in production of less than 20 pages of documents and less than two hours of clerical staff time ($32) will not be invoiced and billed.. If either the number of copies or hours exceeds the maximum shown for each, all copies provided and all staff time expended are billed. If two or more requests are made in the same day by the same individual or entity, all responses to requests after the first will be billed, and if the first exceeds either the copy or time limits, it, too, will be billed. Costs may be assessed to recoup the cost to the agency for staff time and expenses related to obtaining and duplicating requested records. The KCC reserves the right to require pre-payment before producing records for inspection and/or providing copies of records.
ESTIMATE OF COSTS: After receiving a request for records, KCC Staff will provide a good faith estimate of the reproduction and staff time costs that must be paid prior to providing the requested records. Persons requesting records and paying the estimated cost will receive either 1) a refund or 2) an invoice for additional charges that must be paid prior to delivery of the records, if KCC Staff determines that the final cost of the request varies from the original estimate.
STAFF TIME: Clerical staff time to locate and duplicate records is billed at a rate of $16 per hour, billed in quarter-hour increments. At the discretion of the Custodian of Records, requests which require excessive amounts of time by professional or technical staff may result in an additional charge, to assure full reimbursement of the agency for staff time needed to comply with the request. An example of an instance where an additional charge may be justified is a request which requires large amounts of staff time to locate records or duplicate computer-stored records, or a request for records which requires excessive time from attorneys or other professional staff to review for information that is protected from disclosure under KORA. An estimate will be provided for requests expected to incur research or review time of this nature, and prepayment will be required for such requests.
COPYING: Costs to copy records will be charged at $.25 per page for 8.5” x 11” black and white paper copies or for each page supplied in electronic form. This copy charge is in addition to the billing for staff time mentioned in the preceding paragraph. Most copies of maps will be charged at $7.50 each for full-sized maps of certified areas. Other maps may be billed at a different amount if established by the Custodian of Records or that person’s designee.
TRANSCRIPTS PREPARED BY COURT REPORTERS: Transcripts of proceedings prepared by court reporters that contain non-confidential information may be viewed, but copies must be purchased from the certified court reporter. We can provide the name and contact information for the court reporter. Copies of exhibits and documents referred to in transcripts that are in our possession can be provided to you by us, subject to the payment terms of this policy.
MAIL, FAX, SHIPPING: For records sent by U.S. Mail, postage is charged. If records cannot be shipped in an envelope, additional charges for packing materials may be imposed. (e.g. poster tubes for maps.) Sending records by fax will be at the discretion of the Custodian of Records. Faxed copies are charged at the rate of $1.20 per page. Upon request, records may be sent by priority mail, overnight mail, or delivery by private carriers, at the discretion of the Custodian of Records and at the expense of the requesting party. Records may be picked up from the KCC upon request.
OTHER COSTS: Any additional costs incurred by the agency in connection with complying with a record request may be assessed at the discretion of the Custodian of Records. Costs to duplicate microfilmed, electronic or any other format of records will be charged at an amount necessary to reimburse the KCC for the cost of duplication.