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§ 67.1101. Filing of appeal

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 65 P.S. Public OfficersEffective: January 1, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 65 P.S. Public Officers (Refs & Annos)
Chapter 3A. Right-to-Know Law (Refs & Annos)
Chapter 11. Appeal of Agency Determination (Refs & Annos)
Effective: January 1, 2009
65 P.S. § 67.1101
§ 67.1101. Filing of appeal
(a) Authorization.--
(1) If a written request for access to a record is denied or deemed denied, the requester may file an appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under section 503(d)1 within 15 business days of the mailing date of the agency's response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by the agency for delaying or denying the request.
(2) Except as provided in section 503(d), in the case of an appeal of a decision by a Commonwealth agency or local agency, the Office of Open Records shall assign an appeals officer to review the denial.
(b) Determination.--
(1) Unless the requester agrees otherwise, the appeals officer shall make a final determination which shall be mailed to the requester and the agency within 30 days of receipt of the appeal filed under subsection (a).
(2) If the appeals officer fails to issue a final determination within 30 days, the appeal is deemed denied.
(3) Prior to issuing a final determination, a hearing may be conducted. The determination by the appeals officer shall be a final order. The appeals officer shall provide a written explanation of the reason for the decision to the requester and the agency.
(c) Direct interest.--
(1) A person other than the agency or requester with a direct interest in the record subject to an appeal under this section may, within 15 days following receipt of actual knowledge of the appeal but no later than the date the appeals officer issues an order, file a written request to provide information or to appear before the appeals officer or to file information in support of the requester's or agency's position.
(2) The appeals officer may grant a request under paragraph (1) if:
(i) no hearing has been held;
(ii) the appeals officer has not yet issued its order; and
(iii) the appeals officer believes the information will be probative.
(3) Copies of the written request shall be sent to the agency and the requester.

Credits

2008, Feb. 14, P.L. 6, No. 3, § 1101, effective Jan. 1, 2009.

Footnotes

65 P.S. § 67.503.
65 P.S. § 67.1101, PA ST 65 P.S. § 67.1101
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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