45-228. Investigation of alleged violations; powers. (a) In investigating alleged violations of the open records act, the attorney general or county or district attorney may:
(1) Subpoena witnesses, evidence, records, documents or other material;
(2) take testimony under oath;
(3) examine or cause to be examined any records or other documentary material of whatever nature relevant to such alleged violations;
(4) require attendance during such examination of documentary material and take testimony under oath or acknowledgment in respect of any such documentary material;
(5) serve interrogatories; and
(6) administer oaths and affirmations.
(b) If a public agency claims in writing that any records or documents, or any portion thereof, obtained by the attorney general or a county or district attorney pursuant to subsection (a) are exempt from disclosure for any reason, the attorney general or a county or district attorney shall not further disclose that record or document, nor the contents thereof, unless ordered to do so by a district court enforcing the open records act in connection with such record or document. Such records and documents in the possession of the attorney general or a county or district attorney shall not be subject to a request for inspection and copying under the open records act and shall not be subject to discovery, subpoena or other process.
(c) Service by the attorney general or a county or district attorney of any interrogatories or subpoena upon any person shall be made:
(1) By certified mail, return receipt requested, to the last known place of business, residence or abode within or without this state; or
(2) in the manner provided in the code of civil procedure as if a petition had been filed.
(d) If any person willfully fails or refuses to file any response to a request for information, records or other materials required by this section, respond to interrogatories or obey any subpoena issued by the attorney general or a county or district attorney, the attorney general or a county or district attorney may, after notice, apply to the district court of the county where the request, interrogatories or subpoena was issued, or of any other county where venue is proper, and after a hearing thereon the district court may:
(1) Issue an order requiring a response to the request for information, records or other materials, a response to the interrogatories or compliance with the subpoena; or
(2) grant such other relief as may be required, until the person provides the requested response for information, records or other materials, responds to the interrogatories or obeys the subpoena.
History: L. 2000, ch. 156, § 6; L. 2015, ch. 68, § 13; July 1.
Structure Kansas Statutes
Chapter 45 - Public Records, Documents And Information
Article 2 - Records Open To Public
45-216 Public policy that records be open.
45-218 Inspection of records; request; response; refusal, when; fees.
45-219 Abstracts or copies of records; fees.
45-222 Civil remedies to enforce act; attorney fees.
45-223 Civil penalties for violations.
45-224 Continuation of fees and procedures adopted under prior act.
45-225 Severability of provisions.
45-226 Local freedom of information officer.
45-227 Brochure concerning public records.
45-228 Investigation of alleged violations; powers.
45-230 Unlawful use of names derived from public records.
45-240 Recordkeeping requirements for certain not-for-profit entities.
45-250 Sunflower Foundation: Health Care for Kansas; subject to open records law.
45-251 Civil remedies to enforce act by attorney general; consent order; finding of violation.
45-252 Complaint form prescribed by attorney general.