104 Pa. Code § 7.16 - RTKL appeals

(a) Generally. To challenge a denial, partial denial, or deemed denial of a request for access to records by the Open Records Officer, the appeal shall be filed with the Senate Appeals Officer.

(b) Appeals Officer.

(1) The Senate has appointed the Secretary of the Senate to serve as Appeals Officer under section 503 of the RTKL (65 P.S. § 67.503). The Appeals Officer can be contacted as follows:

Senate Appeals Officer 462 Main Capitol Building Harrisburg, Pennsylvania 17120-3053 Telephone: (717) 787-5920 RTKAppeals@os.pasen.gov

(2) For an appeal from a denial by the Open Records Officer of a record in the custody of the Appeals Officer, the Appeals Officer may recuse himself and the Bureau will provide an appeals officer under 101 Pa. Code Chapter 31 (relating to Right-to-Know Law).

(c) Filing of appeal. An appeal must include complete contact information, a copy of the original request, and a copy of the response, if any.

(1) An appeal shall be filed, in writing, with the Appeals Officer within 15 business days of the mailing date of the denial or deemed denial.

(2) As provided for by section 1101(a)(1) of the RTKL (65 P.S. § 67.1101(a)(1)), an appeal must state the grounds upon which the requester asserts that the record is a legislative record, including a financial record, and must address any grounds stated in the denial.

(3) The Appeals Officer is required to make a final determination, in writing, within 30 days of receiving an appeal. Prior to making the final determination, the Appeals Officer may hold a hearing.

(d) Parties.

(1) Under section 1101(a)(1) of the RTKL, an appeal may be made by a requester with respect to any of the following:

(i) A request denied under section 903 of the RTKL (65 P.S. § 67.903).

(ii) A request deemed denied under section 901 of the RTKL (65 P.S. § 67.901).

(2) Under section 1101(c) of the RTKL, a party with a direct interest in the information subject to the appeal may intervene in the appeal.

(e) Procedure.

(1) Upon receipt of the filing under subsection (c), the Appeals Officer will send a copy to the Open Records Officer whose denial or deemed denial is being appealed.

(2) The Appeals Officer may schedule an informal conference with the parties to attempt to resolve the matter or any factual disputes.

(3) Except as set forth in subsection (f), the appeal will be resolved under section 1102(b)(1) of the RTKL (65 P.S. § 67.1102(b)(1)), based on the following:

(i) The appeal under section 1101(a)(1) of the RTKL.

(ii) The denial under section 903 of the RTKL.

(f) Hearing.

(1) A hearing may be held on an appeal only as follows:

(i) The appeal is of a deemed denial under section 901 of the RTKL.

(ii) The requester alleges willful misconduct under section 1304(a)(1) of the RTKL (65 P.S. § 67.1304(a)(1)).

(iii) In the denial, the Open Records Officer rules that the request is frivolous under section 1304(b) of the RTKL.

(iv) The Appeals Officer determines that there is good cause for a hearing.

(2) Under section 1102(b)(2) of the RTKL, a hearing is subject to 1 Pa. Code Chapters 31, 33 and 35, Subchapters A-F and J.

(3) Hearings conducted under the RTKL will be done in the presence of a stenographer or court reporter under 1 Pa. Code §35.131 (relating to recording of proceedings).

(4) Testimony will be recorded. A transcript will only be produced if there is an appeal under section 1301(a) of the RTKL (65 P.S. § 67.1301(a)).

(g) Final determination. Under section 1102(a)(4) of the RTKL, the Appeals Officer will issue a final determination. The final determination will consist of the following:

(1) Title. Identification of the requester.

(2) Procedural history.

(i) A brief recital of the facts up to disposition by the open-records officer.

(ii) The disposition by the Open Records Officer. This subparagraph includes a denial under section 903 of the RTKL and a deemed denial under section 901 of the RTKL.

(3) Factual findings. Resolution of disputed facts.

(4) Legal conclusions. This includes cited authority.

(5) Order. An order affirming the denial or granting the request, in whole or in part. An order under this paragraph is subject to judicial review under sections 1301-1310 of the RTKL (65 P.S. §§ 67.1301-67.1310).

Notes

104 Pa. Code § 7.16

The provisions of this § 7.16 adopted March 30, 2018, effective 3/31/2018, 48 Pa.B. 1833.