Kentucky's Attorney General found that the Transportation Cabinet violated the state's Open Records Act in its response to a resident's request for motor vehicle records, according to a decision issued July 16, 2026.

In decision 26-ORD-322, the Attorney General determined that the Cabinet failed to initially state whether it possessed records responsive to Saeid Shafizadeh's March 2026 request for information about motor vehicle dealers who filed title or registration applications for five specific vehicles. The Cabinet also improperly assumed the request was commercial in nature despite Shafizadeh's explicit statement that it was not, the decision said.

When Shafizadeh resubmitted his request by email in April after receiving no initial response, the Cabinet's Division of Motor Vehicle Licensing told him he must complete a form and provide a Federal Employee Identification Number, suggesting the request was being made "on behalf of a business." The Cabinet also demanded payment of $15 before processing.

The Attorney General ruled that under state law, a public agency must respond within five business days and advise whether records exist. The Cabinet violated this requirement by failing to make an initial determination, the decision found.

However, the Attorney General upheld the Cabinet's use of form TC 96-16A, which requires certification before releasing records containing personal information. The form complies with the federal Drivers' Privacy Protection Act, which restricts disclosure of certain motor vehicle records, the decision noted.

The Cabinet correctly could have required the form had Shafizadeh not preemptively stated his request was noncommercial, the Attorney General wrote. But because he did so, "the requester's statement as to the purpose of his request is conclusive," and the Cabinet could not calculate fees using commercial rates.