Overview
Pursuant to Section 504 of the Right-to-Know Law, 65 P.S. §67.101 et seq. (RTKL), PENNVEST sets forth the following policies, process, and procedures, regarding responses by the Agency to requests made pursuant to the RTKL, in addition to complying with the policies set forth in Management Directive 205.36. To facilitate access to documents of public interest and reduce the need for RTKL requests, PENNVEST makes many documents public. PENNVEST uploads its contracts to the Pennsylvania Department of Treasury website, pursuant to the requirements of Chapter 17 of the RTKL, 65 P.S. §§ 67.1701-1702 and may also place other public records on PENNVEST’s website as it deems appropriate.
How to Submit a Right to Know Request
The public may request information of PENNVEST under the RTKL.
RTKL requests can be initiated via a written request that is mailed, emailed, or faxed to PENNVEST.
RTKL Requests Should Include the:
- Name of the person to which PENNVEST should address its response.
- Mailing address of the person to which PENNVEST should address its response.
- Statement that the request is made pusuant to the RTKL.
- Specific details of the request to enable PENNVEST to determine which records are being requested.
The person submitting the RTKL request must be a legal resident of the United States.
Send an RTKL Request Via U.S. Mail
PENNVEST Agency Open Records Officer
Attn: Denise Zern
333 Market Street
18th Floor
Harrisburg, PA 17101
Send an RTKL Request Via Email
Send an RTKL Request Via Fax
717-787-0804
While verbal requests may be fulfilled by PENNVEST, the requester cannot pursue the relief and remedies provided under the RTKL unless the request is in writing.
The regular business hours of PENNVEST’s RTKL Office are 7:00 a.m. to 3:30 p.m., Monday through Friday. Any RTKL request received by the RTKL Office after the close of regular business hours shall be deemed to have been received by that office on the following business day.
Please note, RTKL requests received by PENNVEST will be considered “public record” information and PENNVEST may make these requests available for public access through its website.
Responses to Right-to-Know
The agency will respond to all right-to-know requests.
The Agency Open Records Officer (AORO) may respond by giving a requester access to inspect a record. It can be done electronically or as the Agency has it. This can be done by:
- Giving access in the Agency's offices,
- Sending a copy, or
- Telling the requester the record is online.
Each option is a "response" under the RTKL. The Agency's notice to the requester is also a response. It can grant, deny, or partly grant and partly deny access to a record. The Agency may send written responses to requesters by United States mail, by hand, by fax, or by e-mail. Hand delivery can be in person or by delivery service.
The RTKL requires that PENNVEST responds to an RTKL request within 5 business days. If more time is needed to fullfill the RTKL request, PENNVEST may provide written notice to the requester , within 5 business days, that additional time will be required.
To calculate the end of the 5-day period, exclude the request day. The first business day if the 5 business day period is the Agency's next working day.
The response sent by PENNVEST notifying the requester that additional time is needed, beyond the five (5) business days, is called an "interim response."
The Agency Open Records Officer (AORO) can provide an interim response for the following reasons:
- The RTKL request requires redaction of a public record;
- The RTKL request requires retrieval of a record from a remote location;
- A required response cannot be provided within 5 business days due to significant staffing limitations, which we must specify in the interim response.
- A legal review is necessary to determine whether the record requested is subject to access under the RTKL;
- The requester has not complied with the Agency’s policies regarding access to public records;
- The requester did not pay fees demanded, exceeding $100, to fulfill the RTKL request. If the Agency requires prepayment, the time between when the fee payment request is sent to the requestor and the payment is received by PENNVEST is not counted in the 5-day response time.
- The extent or nature of the request precludes a response within the required time period. An interim response must be sent to the requester before the end of the 5 business day period.
It must say that the request is being reviewed and why. It must also give a reasonable date for the full response. This date must not be more than 30 calendar days from the end of the 5 business day period.
If the due date is more than 30 days after the five days in Section 901 of the RTKL, the request will be deemed denied. This is true unless the requester has agreed in writing to the date in the notice.
There are three possible final responses.
Either the request is:
1) Granted
2) Denied; or
3) Granted in part and denied in part.
The failure to make a timely response is deemed to be a denial. If a written request is denied, the Agency will issue a final written response.
The response will include an explanation of how the requester can appeal. The denial will also say why in writing. It will cite the legal support.. The Agency's reasons for the denial will be included.
The Agency will not deny access to a record because some of the record is not public.
The private parts of the record are not subject to disclosure. The Agency will provide only the parts that are public record and remove the sections not subject to disclosure.
The Agency can show a record to a requester in three ways.
1. The requester can check the record at the Agency's offices. The choice of the building and room to access these records lies with the Agency Open Records Officer (AORO).
2. The Agency can send a copy.
3. The Agency can direct the requester to a public website.
The Agency must provide the record in the format requested, if available. Otherwise, it will be provided in the existing format.
If a record only exists electronically, the Agency must print it if requested. The Agency is not required to create or reorganize records for requests.
It is at the Agency's discretion on how copies of public records are made. The Agency may assign staff to make the duplications or allow the requester make their copies using the Agency's equipment.
The Agency may contract a duplication service, if deemed necessary, but the requester must pay the costs associated with the duplication service.
How to Appeal a Denied Right to Know Request
If a request is denied, the requester can appeal to the Office of Open Records. They need to do this within 15 business days. The appeal should argue why the record should be public. It must also address the agency's reasons for the denial.
Also, the appeal must be sent to both the Office of Open Records and PENNVEST's Agency Open Records Officer (AORO) . The appeal should include:
- PENNVEST's response,
- The RTKL request,
- The appeal form that is available on the Office of Open Records "RTKL Forms" webpage.
The Commonwealth Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA
17120-0225
Phone: 717-346-9903
Email: openrecords@pa.gov
Someone else, with a direct interest in the record, but not the Agency or requester, has 15 days to act. They have 15 days from learning of the appeal, but not later than the date the Appeals Officer issues an order. They can file a written request to give information or to appear before the Appeals Officer. They can support the requester’s or the agency’s position in the appeal.
The Appeals Officer may, but need not, grant the request. For more on appeal process, select the "Visit the Office of Open Records Website" button to the right.
Fees
Applicable fees to be charged by the Agency under the RTKL are as follows:
The Office of Open Records, under the RTKL, can set two fees for Commonwealth agencies. One is for Duplication and the other for Enhanced Electronic Access.
The Agency charges a maximum of $.25 per page for duplication, unless a law says otherwise. On-site duplication might cost less, at $.15 per page.
According to Agency policy, fees for the first 20 pages can be waived. Beyond that, duplication charges apply.
View the duplication fees established by the Office of Open Records by selecting the "View the Fee Structure" button to the right.
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The Agency charges $1 for certified copies. Requesters also pay postage, fax, or microfiche costs. Moreover, they pay for specialized documents.
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Special rules apply to administrative proceeding transcripts. Before a ruling is final, requesters can ask the agency or the stenographer for a transcript. In this case, the stenographer can charge their usual fee.
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Once a ruling is final, a transcript request is treated like any other record request. The cost is up to $.25 per page.
According to 65 P.S. §67.1307(g), the Agency can charge requesters for necessary costs. However, it will decide these fees case by case.
No charge shall be made for Agency or legal review of the record to see whether the requested records are public records that are subject to production.
If the estimated fees to fulfill the RTKL request exceed $100.00, the requester may need to pay them in advance. They can do so by certified or ordinary check. But, the ordinary check must clear before the Agency counts it as received.
The demand for prepayment may specify a reasonable period of time. The requester must make such prepayment within this time. If the requester fails to prepay on time, the Agency is not required to produce the requested records.
All applicable fees must be paid in order to receive access to the record(s) requested. 65 P.S. §67.901. Requesters owe the Agency or a Governor's agency for RTKL requests where the agency produced records. They can't access records for other RTKL requests until they pay the past due amounts.
When an estimated fee was not needed because the estimate was $100 or less, but actual fees are over $100 or the fee was under $100, an agency has the discretion to provide the records and bill for the fee or to require payment first.
Contact PENNVEST Agency Open Records Officer
Denise Zern, PENNVEST
Agency Open Records Officer
333 Market Street
18th Floor
Harrisburg, PA 17101
Contact The Commonwealth Office of Open Records
The Commonwealth Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA
17120-0225