Business Records

This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.

Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business’ or industry’s interest in locating in, relocating within or expanding within the Commonwealth.

Example Appeals

The records should be disclosed because they do not pertain to the prospective location of a business or industry. Alternatively, the records should be disclosed because the business/industry has previously disclosed an interest in locating in, relocating in, or expanding in the Commonwealth. Alternatively, the records should be disclosed because they pertain to an application for a permit/license necessary to do business or to expand business operations within the state other than a permit or license referenced in KRS 61.878(1)(c).

Proper Use

This exemption can only be invoked by an agency upon proof that the records pertain to a prospective business/industry location and further proof that there has been no previous disclosure of the business/industry’s interest in locating, relocating, or expanding in the state.

Improper Use

This exemption was improperly invoked as the basis for withholding the names of business owners who were delinquent in paying occupational taxes based on the final sentence of the exemption, excluding application to agencies for permits or licenses necessary to do business or to expand business operations within the state.

Key Citations

KRS 61.878(1)(d)