Open Records Request

Policy and Procedures for Requesting KDWPT Public Records

Pursuant to the Kansas Open Records Act (KORA) – K.S.A. 45-215 ET SEQ.


OFFICE LOCATION: 1020 S. Kansas Ave., 2nd Fl., Topeka, KS 66612 

OFFICE HOURS: 8 A.M. to 5 P.M., Monday-Friday, except official state holidays

DESIGNATED CUSTODIAN: Ron Kaufman, Director of Information Services/CIO

FEES: See fee schedule below 

 
HOW TO MAKE A REQUEST

Please make requests either by mail, fax, email or using the online KDWPT Open Records Request Form.

All requests for records must state:

  • Requester's name
  • Requester's mailing address

The following information is helpful, but optional:

  • Daytime phone number
  • Business affiliation, if applicable
  • Email address

Mail: Open Records Custodian, KS Dept. of Wildlife, Parks & Tourism, 1020 S. Kansas Ave., 2nd Fl., Topeka, KS 66612

Phone: 785-296-2281

Fax: 785-296-6953  

Email: openrecords@ksoutdoors.com

Please give detailed information about the records being requested to help the staff determine if such records exist and are possessed by the agency. We may ask you to clarify what records you need so that we may be certain your request is fulfilled. If the request includes the name(s) of any individual, you may be asked to certify your understanding of legal restrictions on your use of such information. KDWPT cannot honor requests for records that do not exist or for records or analyses to be created that do not already exist.  

RESPONSE TIME: We will acknowledge receiving your request, and most records can be produced, within three business days after the day the request is received. If the request is delayed or denied, you will receive a written explanation for the delay or denial within those three days. The response may inform you that it will take additional time to produce the records. Reasons for additional time may include voluminous records, complicated request parameters, unresolved legal issues, or difficulty in accessing archived records. The response may deny your request, in whole or in part. If the request is denied, we will identify generally the records to be denied, and the specific legal authority for the denial. You must provide proof of your identity, if requested.KDWPT cannot honor requests to provide “rush” service for open records requests.

REQUESTS FOR ELECTRONIC FORMAT RECORDS: The record custodian will be the sole judge of the ability of the agency 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. 

NAME AND ADDRESS LISTS

Certain restrictions apply for obtaining name and address lists. NOTE:

K.S.A 45-230(a) states: “No person shall 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…” Specific exceptions are specified in K.S.A. 45-230.

K.S.A 45-230(b) states: “Any person subject to this section who knowingly violates the provisions of this section shall be liable for the payment of a civil penalty in an action brought by the attorney general or county or district attorney in a sum set by the court not to exceed $500 for each violation.”

FEES

“Fees for access to or copies of public records of a public agency within the executive branch of the state government shall be established by the agency head. Any person requesting records may appeal the reasonableness of the fees charged for providing access to or furnishing copies of such records to the secretary of administration whose decision shall be final. A fee for copies of public records which is equal to or less than $.25 per page shall be deemed a reasonable fee.” [K.S.A. 45-219(5)]

FEES: Records that can be provided for less than $15.00 will be provided at no charge. For requests that equal or exceed that amount, the following rates shall apply.

STAFF TIME: Any additional time will be charged at the rate of pay for each person(s) whose time is used 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 closure exceptions apply and/or to redact closed information from the records.KDWPT cannot honor requests to provide “rush” service for open records requests.  

  • CLERICAL SERVICES – $15/hour.
  • INFORMATION TECHNOLOGY (IT) SERVICES – $25/hour.
  • LEGAL SERVICES – $35.00/hour

OFFICE EXPENSES:

  • COPIES – 10¢ per page;
  • MAILING (USPS) – 25¢ per 5-page increments;
  • FAX – 50¢ per 10-page domestic fax.
  • SHIPPING – Estimated cost for FedEx or UPS

ADDITIONAL FEES: Any other costs incurred by the department in connection with complying with a record request may be assessed to the requester.

The agency will provide an estimate of the fees which shall be paid prior to the agency gathering the records.The final cost of providing access to or furnishing copies must be paid before the records are provided.If the final cost is less than the estimate, the requestor will be reimbursed for the difference.

SHIPMENT/DELIVERY: KDWPT has the sole discretion to determine what documents can be transmitted through e-mail. If KDWPT does not send the documents through e-mail, the documents may be sent by an alternate means of transmittal such as CD-ROM or U.S. Mail. If express delivery is requested, the requester shall pay all associated costs for such delivery. The record custodian has the sole discretion as to whether to honor requests for express delivery.