Stages of the Right-to-Know Law Request
The Department of Banking and Securities (“Department”), pursuant to the Pennsylvania Right-to-Know Law, 65 P.S.§§ 67.101 - 67.3104 (“RTKL”), sets forth this policy governing requests for copies of public records within its possession, custody or control.
Before submitting a request, please carefully review the following information, which includes specific information about what the department can and cannot share.
All of the definitions set forth in the RTKL are incorporated by reference into this policy. See 65 P.S. § 67.102.
The definition of “public record” excludes records that are specifically exempt from disclosure under other state laws, such as section 302.A of the Department of Banking and Securities Code, 7 P.S. § 733-302.A. This provision broadly prohibits the Department from disclosing most of the records in its possession related to depository institutions and non-depository licensees, including examination reports, licensing and chartering applications, consumer complaints, investigative materials, and supporting documentation for applications.
Similarly, the Pennsylvania Securities Act of 1972 requires the Department to treat as confidential “information which is filed with or obtained by the [D]epartment and which is not generally available to the public.” 70 P.S. § 1-601(c). This law also contains provisions that categorize certain administrative files of the Department as either public or non-public, 70 P.S. § 1-603, and authorizes the promulgation of regulations that set up a mechanism by which members of the public may access the documents that are public. These regulations specifically state that documents relating to investigations and examinations are not public. 10 Pa. Code § 603.031 (d).
The Department of Banking and Securities Code, 7 P.S. § 733-302.A, broadly prohibits the Department from disclosing most of the records in its possession related to depository institutions and non-depository licensees. Therefore, pursuant to Sections 305(a)(3), 306 and 3101.1 of the RTKL, 65 P.S. §§ 67.305(a)(3), 67.306, 67.3101.1, these records are presumed to be exempt from disclosure. The Office of Open Records has upheld department denials of RTKL requests based on Section 302.A of the Code. See OOR Final Determination AP 2011-0342.
Common Denials (based on 7 P.S. § 733-302.A) include, but are not limited to: examination reports, investigative reports, licensing and chartering applications, consumer complaints, institution policies and procedures, investigative materials, Memorandums of Understanding regarding depository institutions, supporting documentation to applications and orders, and lists of credit union memberships.
Information that is permitted to be shared under 7 P.S. § 733-302.A is readily accessible using the following links without the need to submit a formal RTK request:
- Credit Unions, Trust Companies, Non-Depository licensees, such as Motor Vehicle Finance Companies and Consumer Discount Companies, or Non-Depository registrants, such as Credit Service Loan Brokers and Non-Profit/Partially Exempt institutions can be searched on our PA Financial Institutions Search tool in the DoBS Portal.
- The list of banks that are chartered in Pennsylvania can be found here.
- Mortgage, Debt Management Services, Debt Settlement Services, Check Cashers, Pawnbrokers and Money Transmitter Licensees can be searched on the Nationwide Multistate Licensing System.
- A download of Non-Depository licensees is available on PA Open Data
- All license application denials, license suspensions or revocations, and an individual’s suspension or prohibition pursuant to a final order or adjudication can be found on our Enforcement Orders webpage and are categorized by year.
1. Open Records Officer:
The Department has designated Mary Beth S. Stringent as its Agency Open Records Officer (“AORO”) to respond to RTKL requests. Her contact information is as follows:
Department of Banking and Securities
17 North Second Street, Suite 1500
Harrisburg, PA 17101
Fax: 717-724-6912
Email: RA-RTKLBNKG@pa.gov
The RTKL requires a written request to be submitted to the AORO. See 65 P.S. § 67.703. It is permissible to use the Standard Right-to-Know Law Request Form. If a requester chooses not to use the standard request form, the request should clearly indicate that it is seeking records under the RTKL. To allow the Department to locate requested records and determine whether those records are public, requests should be specific and concise and clearly identify as precisely as possible the records sought. See 65 P.S. § 67.703. Requesters should clearly indicate the preferred method of access – paper copies, electronic copies, or by inspection. Requesters should retain a copy of the request for their file, as a copy of the request is necessary, should a requester appeal the Department’s response.
Please be advised that the Department does not accept anonymous requests.
3. Receipt of the request:
The Department is deemed to have received the request on the next business day that the AORO receives the request. See 65 P.S. § 67.901. The Department defines its business day to exclude Saturdays and Sundays and any weekday on which the Department is closed for business, with its regular business hours being from 8:30 a.m. through 5:00 p.m. Any request that the Department receives after the close of regular business hours shall be deemed to have been received on the next business day.
1. Time for response.
The Department has 5 business days to respond to a request for records under the RTKL. If the Department does not respond within that time, the request is considered “deemed denied,” and a requester’s appeal rights commence. The Department is permitted to take an additional 30 calendar days to respond to any request for the reasons set forth in the RTKL, if it informs the requester in writing about the extension and the reason for it. See 65 P.S. § 67.902
2. Requester’s agreement to extend the response period beyond 30 days.
The requester may agree, in writing, to extend the Department’s response period for a specified period beyond 30 days. See 65 P.S. § 67.902(b)(2).
3. Trade secrets.
If a request involves records provided to the Department by a third party and the third party previously provided the Department with a written statement that the record contains a trade secret or confidential proprietary information, the Department shall provide notice to the third party. See 65 P.S. § 67.707(b).
4. Final response.
The Department shall make a final written response in which it may grant the request, partially deny it, or deny it in its entirety, or state the reason why the request cannot be fulfilled. If the Department fails to issue a response within the applicable response period, the request is deemed denied. See 65 P.S. § 67.901.
- Granting access to records.
The Department may grant a request for records by issuing a response: (1) granting access to inspect records during the Department’s regular business hours; (2) sending copies of the records to the requester; or (3) by notifying the requester that the records are available on the Department website or other publicly accessible electronic means. See 65 P.S. §§ 67.701(a), 704. - Denying or partially denying access to records.
To the extent the Department denies a request for records, through redaction or otherwise, or cannot fulfill the request, the Department will respond in writing. The response will describe the requested records, inform the requester that the Department does not possess the responsive records or, if the records are exempt from public access, provide a citation to the relevant legal basis for withholding the requested records. The response will set forth the procedure to appeal the denial. See 65 P.S. § 67.903.
5. Fees.
The Department will charge fees consistent with the RTKL Fee Structure.
-
Generally. To challenge the denial, partial denial, or deemed denial of a request for Department records, an appeal may be filed to the Office of Open Records ("OOR”) using the OOR appeal form or contact the OOR at:
Office of Open Records Commonwealth of Pennsylvania
333 Market St., 16th Floor
Harrisburg, PA 17101-2234 openrecords@pa.gov -
Requirements of an appeal. All appeals must be filed within 15 business days of the mailing date of the Department’s response. All appeals must be in writing; must state the grounds upon which the requester asserts that the requested records are public records; must address any grounds stated by the Department for denying the request; and must include a copy of the request and the Department’s response, if any. See 65 P.S. § 67.1101(a)(1).
If records affect a legal or security interest of an employee of the Department; contain confidential, proprietary or trademarked records of a person or business entity; or are held by a contractor or vendor, the Department must notify such parties of the appeal immediately and provide proof of that notice to the OOR within 7 business days from the date of the OOR’s Official Notice of Appeal. Such notice must be made by (1) providing a copy of all documents included with the appeal to the OOR; and (2) advising that interested persons may request to participate in the appeal. See 65 P.S. § 67.1101(c).
Commonwealth agencies such as the Department are subject to a record retention and disposition schedule that mandates destruction of records on a regular basis. Therefore, depending on the type of record that is being requested, or its age, the record may no longer exist.
The record retention and disposition schedule is a public document that is available upon request.
Additional information about the RTKL, the request process, and the appeal process is available on the Office of Open Records (OOR) website.