R5C4B

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Inapt; see above.

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The requester does not need to refute the reasons for denial. A governmental body seeking an exemption from the disclosure requirements of FOIL has the burden of proving that a record falls within a statutory exemption. N.Y. Pub. Off. Law. § 89(4)(b) (McKinney 1988). See Capital Newspapers Div. of Hearst Corp. v. Burns, 67 N.Y.2d 562, 496 N.E.2d 665, 505 N.Y.S.2d 576 (1986); Washington Post v. Insurance Dep't, 61 N.Y.2d 557, 463 N.E.2d 604, 475 N.Y.S.2d 263 (1984); Doolan v. BOCES, 48 N.Y.2d 341, 398 N.E.2d 533, 422 N.Y.S.2d 927 (1979); see also Grune v.

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Although the regulations do not require this, it is implicit that you should explain the reasons why you disagree with the decision made by the agency and contend that you are entitled to access.

When appealing the agency decision, a party may assert that the denial is contrary to the provisions of ORA or that the agency's actions constitute an attempt to circumvent the purposes of the act, including but not limited to imposition of excessive fees or the misdirection of the of the requesting party. Ky. Rev. Stat. 61.880(2)(a)(4). Practice Tip: When appealing to the attorney general, one should utilize past attorney general ORA opinions and relevant case law for support.

There is no provision for administrative appeal, by letter or otherwise.

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