The open records request should contain the following information:
- Your name and complete contact information (address, telephone number and e-mail).
- Your open records request. Please be as detailed and specific as possible in making your request.
- How you want the open records delivered to you. The Department can mail, e-mail or fax responses. Additionally, you can make arrangements to view records in the Department’s Topeka office during normal business hours. Removal of records from the office is not permitted.
By law, Commerce must provide the requested record(s), or provide an explanation as to why additional time will be necessary, within three business days of receiving the request.
If the requested records are closed, the Department will send an explanation as to why the records are not applicable to the Kansas Open Records Act (KORA). At the time of the initial response, the Department will provide an estimate of the fee associated with the request. Depending on the nature of the request, partial payment of the fee may be required in advance of processing.
Record requests that can be provided with less than one hour of staff time or less than 100 pages will be done at no charge.
For requests that exceed that amount, the following rates shall apply:
- Copies: 25 cents per page
- Mailing: 50 cents for first five pages, 25 cents for additional five-page increments
- FAX: 5 cents per page
The Department will charge at the rate of pay for each person(s) whose time is used in order to assist and/or respond to a specific request. This may include the time spent to access records maintained on computer facilities; review records to determine whether exceptions to KORA apply; and/or to redact closed information from records. Time to process records will be calculated on a quarter-hour basis. The following rates will apply for requests that take one hour or more to fulfill:
- Attorney/senior staff time: $60 per hour
- Program manager staff time: $38 per hour
- Clerical staff time: $18 per hour
- Information technology (IT) services: $38 per hour
Any additional costs incurred by the Department in complying with a record request may be assessed to the requestor. The agency will provide a written estimate of the fees required to comply with a records request.
Once an estimate of the cost is given, the requestor is required to pay at least half of the estimated cost up front before the Department will begin work on a records request. Once the records are compiled, the requestor will be required to pay the balance of the actual costs of gathering records.
A written receipt will be provided to the requestor detailing those costs.
Records will be e-mailed whenever possible, unless the number of documents or pages exceeds the ability of the Department to e-mail them. The Department will be the sole judge of its ability to comply with any record requests for the records to be provided in electronic format or for records that must be produced in any special computer-generated format.
If the requestor wishes to have records express
mailed or delivered, the requestor will pay for all costs and time associated with readying records for express mail or delivery.
Requests for records not yet in existence or requests for records and documents to be created are not covered under KORA and cannot be honored.
Persons with disabilities may contact the Designated Custodian or the Kansas Relay Center at 1-800-766-3777 for copies of this information in an accessible format.