Right to Know Q and A

From the BCCT

How to file a Right-to-Know request under Pa. law

By The Associated Press
The Associated Press

Common questions and answers about how to file a request under Pennsylvania's new Right-to-Know Law:

Q: How do I request a record from a local, county or state agency?

A: You may make the request in person, by mail, fax or e-mail. You may make the request verbally, but to preserve your right to appeal a negative decision, you must put it in writing.

A standard request form can be downloaded from the state Office of Open Records Web site , http://openrecords.state.pa.us , and printed. Local agencies may use their own forms, but also must accept this one.

Your request must be specific enough for the agency to understand what record you want. Officials may need to ask you questions to fulfill your request, but the law bars them from requiring you to explain why you want the record.

Q: How soon can I expect a response?

A: Agencies are required to respond promptly within five business days. They may grant or deny your request in that time, or under certain circumstances , if a request is extensive, for example, or a record contains nonpublic information that must be blacked out, or redacted , may advise you that it will take as much as 30 additional days to produce the records.

Q: How far back in time may I go in requesting records?

A: All records in the possession of an agency are covered by the law, no matter how old they are.

Q: Will I have to pay anything for these records?

A: Under a fee schedule established by the state Office of Open Records, agencies may charge as much as 25 cents per page for photocopying. The fee schedule bars additional charges for the cost of retrieving or redacting records, although they may charge you the actual cost of reproducing blueprints and certain other specialized documents.

Q: Can agencies require me to pay in advance?

A: Only if the total bill is expected to exceed $100.

Q: What if my request is turned down or ignored?

If the agency fails to respond in five business days, your request is deemed denied. In that event, or if the agency denies the request within the period, you have 15 business days to file an appeal to the Office of Open Records.

Judicial agencies, ranging from district judges to the state Supreme Court; legislative agencies; the statewide row offices (attorney general, auditor general and treasurer) are allowed to designate their own appeals officers in place of the Office of Open Records. District attorneys may appoint officers to hear appeals related to criminal investigative records of local agencies.

Further appeals may be pursued in court by either side. Appeals involving state agency denials would be filed in Commonwealth Court, and appeals involving local agencies would be filed in county common-pleas court.

Q: What are the penalties for violating the Right-to-Know Law?

A: Public agencies found by a court to have denied access to records in bad faith face a civil fine of as much as $1,500. Agencies or officials that do not promptly comply with a court order can be fined as much as $500 a day until the records are provided.