Records Request

STATE OF KANSAS BOARD OF TAX APPEALS
Procedures for Obtaining Access to and Copies of Records
Pursuant to the Kansas Open Records Act, K.S.A. 45-215 et seq.
Updated July 8, 2014

Office Address: Eisenhower State Office Building
700 SW Harrison Street, Ste. 1022
Topeka, KS 66603

Telephone Number: (785) 296-2388
Fax Number: (785) 296-6690
Email Address: maildesk@bota.ks.gov
Web site: www.kansas.gov/bota
Office Hours: 8:00 a.m. to 5:00 p.m. Monday through Friday,except official state holidays

Official Records Custodian (K.S.A. 74-2436): Joelene R. Allen, Secretary of the Board
Freedom of Information Officer (K.S.A. 45-226): Amelia Kovar-Donohue, Attorney

The public policy of the State of Kansas is that public records shall be open for inspection by any person, unless otherwise provided by law. See Kansas Open Records Act, K.S.A. 45-215 et seq.

YOUR RIGHTS UNDER THE KANSAS OPEN RECORDS ACT

During office hours, to inspect and obtain copies of public records which are not exempted from disclosure by a specific law. There may be a charge for providing access to and/or copies of public records. (See fee schedule below)

To obtain a copy of the Board's policies and procedures for access to records.

To request assistance from the Freedom of Information Officer.

To receive a written response from the Board regarding your request within three business days after receipt of a written request. The response may inform you that it will take additional time to produce the records. In such a case, the Board will provide you with an explanation for the delay and indicate the earliest date the records will be available. The response may deny your request in whole or in part. If the request is denied, the Board will identify generally the records to be denied and the specific legal authority for the denial.

To appeal the reasonableness of the fees charged for access to and/or copies of open records to the Secretary of Administration.

To bring a private lawsuit or to file a complaint with the Attorney General's Office or the county or district attorney if you feel you are wrongfully denied access to records.


THE BOARD OF TAX APPEALS RESPONSIBLITIES

To adopt procedures to provide access to public records, which are not exempted from disclosure by a specific law, protect public records from damage and disorganization, prevent excessive disruption of the Board's essential functions, provide assistance and information upon request, and to ensure timely responses to written requests for access to and/or copies of public records.

To act upon a written request for access to public records as soon as possible after receipt of the request, but not later than the end of the third business day following the date the written request is received. The response may inform you that it will take additional time to produce the records and/or that there is a charge for producing the records. In such a case, the Board will provide you with an explanation for the delay, indicate the earliest date the records will be available, and provide you with an estimate of the cost of producing the records. The Board may deny your request in whole or in part. If the request is denied, the Board will identify generally the records to be denied and the specific legal authority for the denial.

To make the copies requested. However, the Board may charge a reasonable fee for providing access to and/or copies of open records. The fees charged may include the actual cost of production of copies, including office staff time, supplies, use of other resources, and cost of postage if the copies are mailed. The Board may require that the fee be paid in advance of producing the records. Unless otherwise specifically provided by law, money collected under the Open Records Act is remitted to the state treasurer.

* Please note that no person shall knowing 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 contain in or derived from public records, except as provided by law. See K.S.A. 45-230.

PROCEDURE FOR INSPECTING AND OBTAINING COPIES OF PUBLIC RECORDS
(Adopted pursuant to K.S.A. 45-220)

Submit a written request indicating as specifically as possible the public records you want to inspect and/or have copied. The written request may be sent by mail, fax or e-mail to the address, fax number or e-mail address provided above.

For records dealing with specific case, include the name of the case and docket number assigned by the Board.

Include your name, address and daytime telephone number where you can be reached in case we have questions concerning your request. The agency may request proof of your identity.

If you have any questions, contact the Freedom of Information Officer listed above.

 

NOTICE OF FEES CHARGED FOR,
CERTIFICATION OF RECORDS TO Board,
AND FOR COPIES OF PUBLIC RECORDS

Notice is hereby given that the following fee schedule shall be in effect for certification of records and for copies of public records:

CERTIFICATION OF RECORDS


COPIES OF PUBLIC RECORDS

(cost is based on actual cost to the Board to make copies from microfilm)

TRANSCRIPTS

The Board of Tax Appeals does not prepare transcripts. Contact the Board reporting service assigned to the proceeding to have a transcript prepared or a copy of a transcript made. Any fees for such services will be assessed directly by the Board reporting service.

In all cases, the actual cost of postage or shipping will be charged.

There may be an additional charge for staff time if the request involves research to obtain the records requested. Research time is billed at $25.00 per hour in tenths of an hour increments.