The Kansas Open Records Act
A Guide to the Rights of the Public
and the Responsibilities of the
Kansas Real Estate Commission
Prepared by the Kansas Real Estate Commission
Please visit our web site at www.kansas.gov/krec.
Persons with disabilities may contact the Public Information Officer
at (785) 296-3411 or the Kansas Relay Center at 1-800-766-3777 for
copies of this information in an accessible format.
YOUR RIGHTS UNDER KORA
You may inspect and obtain copies of public records which are not
exempted from disclosure by specific law during our regular business
You may obtain a copy of the agency's policies and procedures for
access to records, and to request assistance from the Commission's
Freedom of Information Officer.
To receive a written response to your request within three business
days after receipt of the request.
This response may inform you that it will take additional time to
produce the records in the instance of complex requests, voluminous
records, unresolved legal issues or difficulty in accessing archived
The response may deny your request in whole or in part. The denial
will identify those documents which are denied and provide specific
legal authority for the denial.
You may bring a private lawsuit in district court or file a complaint
with the Kansas Attorney General's Office if you feel you are wrongly
denied records that you have a right to access.
You must request identifiable records (written, photographic or computerized).
KORA does not require an agency to answer questions, or prepare reports.
We may require you to put your request in writing and to provide
proof of identity if requested.
Reasonable fees, not exceeding the actual cost, may be charged for
access to records, copies of records and staff time for processing
WHAT KINDS OF RECORDS
Most records maintained by public entities are open for public inspection
and copying. Records commonly requested include, but are not limited
Minutes and Records of Open Meetings
Salaries of Public Officials
Agency Budget Documents
NOTE: An agency is only required to provide public records that exist.
There is no requirement for the agency to create a record upon request.
EXCEPTIONS TO THE OPEN
Though KORA operates on the presumption that all public records shall
be open to the public, KORA recognizes that certain records contain
private or privileged information. The KORA lists several exceptions
including but not limited to:
Records whose disclosure is prohibited by State or Federal law.
Personnel information of Public Employees.
Medical treatment records which pertain to an identifiable patient.
Testing and examination materials prior to the administration of the
exam or if the materials are to be re-used.
Records of individual test or examination scores other than records
showing only passage or failure.
Records reflecting the work product of an attorney.
Records privileged under the Rules of Evidence.
Notes and preliminary drafts.
Correspondence between the Commission and a private individual other
than that correspondence intended to provide notice of an action,
policy or determination.
Records of agencies involved in administrative adjudication or civil
litigation, compiled in the process of detecting or investigating
violations of civil law or administrative rules and regulations if
disclosure would interfere with the process or reveal a confidential
source or undercover agent.
Criminal investigation records.
Public records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwanted invasion
of personal privacy.
This list is merely illustrative and not exhaustive. For a complete
list of exempt records, see K.S.A. 45-221.
We must appoint a Freedom of Information Officer who can answer your
questions and settle disputes under KORA.
We must make facilities available to you for inspecting our records.
We must allow you to make abstracts or to have copies of our records
We must adopt procedures for requesting access and obtaining copies
of our records.
We must act upon requests for documents within three business days
of receipt of the request or give you an explanation of the reason
We must have a records custodian available during all regular business
hours and have procedures for allowing access on those business days
when regular office hours are not maintained.
If a document partially contains exempt information, we must redact
the exempt information and provide you with the remainder of the record.
We must provide you with a written statement citing the specific provisions
of the law under which we are denying access if you so request. This
statement must be provided within three business days after receipt
of the request.
REQUESTING A RECORD
Consult the Commission's Freedom of Information Officer to determine
if the record you need exists or is available.
Be prepared to provide a detailed description of the record you seek.
Make your request as specific as possible to expedite the process.
Submit your record request in writing using the Open Records Request Form RE-620
Most records will be made available within three business days from
the time the request is received.
If the request is delayed or denied, you will be provided a written
explanation for the delay or denial within those three days.
If you have questions about your request, please contact the Commission's
Freedom of Information Officer:
Sherry C. Diel
Kansas Real Estate Commission
Three Townsite Plaza, Suite 200
120 SE 6th Avenue
Topeka, Kansas 66603-3511
This brochure pertains to laws in effect as of July 1, 2000.