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.

Send your written request to KDADS:

Freedom of Information Officer
Kansas Department for Aging and Disability Services
503 S. Kansas Avenue
Topeka, KS 66603-3404

Email: kdads.kora@ks.gov
Fax: 785-296-0256

Additional Information can be obtained on the Kansas Attorney General website.

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 the Open Records Request Form to assist you in making your request.

You will be charged a reasonable fee, not exceeding the 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 pay before any records are 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 are wrongfully denied records.

Our 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 a 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 generally identify the records denied and the specific legal authority responsible for the denial.

Our Fee Schedule

There is no charge to a Kansas resident for the first 100 pages; after the first 100 pages, please see the following fee schedule:

• Copying fee
  $0.25 per page
• Fax Fee
  $1.00 per page
• 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 that shall be paid before producing the records. Records will not be released until payment is received. The requestor will be reimbursed for the difference if the final cost is lower than the estimate.

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.

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:

1. 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
2. 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.

Full Text of K.S.A. 45-230