# AG Rules Against Open Records Violation by ADC in Hogan Case  
**Published:** 2026-04-21T00:00:00.000Z  
**Source:** [KY Attorney General Open Records](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-173.pdf)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://feeds.lexingtonky.news/article/ag-rules-against-open-records-violation-by-adc-in-hogan-case

The Kentucky Office of the Attorney General has declined to find that the [Kentucky Board of Alcohol and Drug Counselors](https://adc.ky.gov/) violated the state's Open Records Act, determining it could not resolve a factual dispute over whether the board responded timely to a records request from Angela Hogan.

In a decision released April 21, Hogan appealed the board's handling of her February 9 records request seeking access to documents related to her licensure, supervision role, and credentialing status. The board provided [a response letter dated February 17, 2026](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-173.pdf), stating it had located responsive records and would send them via secured email. Hogan, however, claimed the board responded on February 18, which would have exceeded the five-business-day window required by [Kentucky law](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56330).

The Attorney General's office noted that the documentation showed Hogan's request was submitted after business hours on February 9, meaning the board did not receive it until February 10. This meant the board's deadline for responding was February 17 — the fifth business day following receipt. The board states it met that deadline.

"The Office cannot resolve factual disputes between a requester and a public agency, such as determining when a public agency received a request and when the agency responded," the decision stated. "Accordingly, the Office cannot find the Board violated KRS 61.880(1) by failing to respond timely."

The decision noted that once the board provided its response to the Attorney General's office, it included copies of the requested records, which Hogan had not submitted with her original appeal. The decision also clarified that the board had not redacted any information from the records provided nor withheld any responsive documents.

[Under Kentucky's Open Records Act](https://transparency.ky.gov/accountability/Pages/openrecords.aspx), public agencies have five business days to respond to records requests. [The Board of Alcohol and Drug Counselors](https://adc.ky.gov/), which is headquartered in Frankfort and oversees substance use disorder counselor certification and licensing, handles requests according to state procedures.

Hogan has the option to appeal the Attorney General's decision in circuit court within 30 days of the ruling.

## Sources

- [KY Attorney General Open Records](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-173.pdf)
- [Kentucky Board of Alcohol and Drug Counselors](https://adc.ky.gov/)
- [Kentucky Open Records Act - Transparency.ky.gov](https://transparency.ky.gov/accountability/Pages/openrecords.aspx)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from KY Attorney General Open Records, enriched with 2 web searches. The original source is available at https://www.ag.ky.gov/Resources/orom/2026/26-ORD-173.pdf.