Obtaining public records from the Kansas Department of Commerce
These procedures for obtaining public records are set forth in the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq.
Department office hours: 8 a.m.-5 p.m., Monday-Friday, except official state holidays.
Designated custodian for Department records:
Director of Communication
Kansas Department of Commerce
1000 SW Jackson Street, Suite 100
Topeka, KS 66612-1354
1. Email or mail your open records request to the designated custodian. Please do not fax open record requests.
2. 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 as specific as possible in making your request.
• How you want the open records delivered to you. The Department can mail, e-mail or fax requests. Additionally, you can make arrangements to view records in the Department’s Topeka office during normal business hours. Removal of records from the office shall not be permitted.
3. The Department, by law, must either provide the requested record(s) within three business days of receiving the request or provide a response indicating that it will need more time to process the request. If the requested records are closed, the Department will send an explanation as to why the requested records are closed. 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.
Fees for Open Records
Record requests that can be provided with less than one hour of staff time or less than 25 pages will be done so 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.
Additional Fees, Written Estimates
Any other costs incurred by the Department in connection with 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.
Timelines for Payment of Fees and Receipt of Records
Once an estimate is given of the cost of a records request, 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 showing actual costs of gathering records.
Records will be e-mailed whenever possible, unless the number of documents or pages exceeds the ability of the Department to e-mail them. Please note that 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 expressed mailed or delivered, the requestor will pay for all costs and time associated with readying records to be expressed mailed or delivered.
Creation of Records or Requesting Records Not Yet in Existence
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.
Questions regarding this policy should be addressed to the Designated Custodian. 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.