Kentucky Attorney General Russell Coleman has determined that the Kentucky Real Estate Authority lawfully withheld documents from a complainant seeking records related to an internal investigation, according to an open records decision issued July 15.

Mohamed Aly had sought nearly 1,000 pages of documents from the authority, claiming that a legal basis for withholding the records under the state's Open Records Act no longer applied after his case concluded. The Authority released 14 pages of responsive records but withheld 907 pages of correspondence with private individuals and 72 pages of attorney-client privileged communications.

The Attorney General's office upheld the withholding under two separate provisions of Kentucky law. First, correspondence with private individuals—including interview subjects and respondents' lawyers—is categorically exempt from disclosure unless specifically intended to announce final agency action, the decision states. The exemption applies regardless of whether an investigation has ended. Second, the 72 pages of confidential communications between the Authority's legal staff and Public Protection Cabinet attorneys qualified for attorney-client privilege protection, according to the ruling.

The decision clarifies Kentucky's open records law as it applies to preliminary investigative materials. Unlike draft documents that may lose exemption once formally adopted as agency action, correspondence with private individuals "remains exempt" under state statute unless it formally notifies someone of final agency decisions, the Attorney General concluded.

The Kentucky Real Estate Authority licenses and regulates real estate professionals, including appraisers, auctioneers, home inspectors, brokers and sales associates. The agency is guided by four governor-appointed boards.

Aly may appeal the Attorney General's decision in circuit court within 30 days.