Department of Drug and Alcohol Programs

File a Right-to-Know Request

You can request public records from Pennsylvania's Department of Drug and Alcohol Programs under the Right-to-Know Law.

About filing requests

A written request to the Agency under the RTKL must meet the following requirements:

  • Identify a name and a mailing address for the RTKL response
  • State that the request is being made pursuant to the RTKL
  • Be submitted in person, by letter, email, or fax
  • Be sufficiently specific to enable the Agency to ascertain which records are being requested
  • Be from a person that is a legal resident of the United States

All requests must be addressed to the Agency Open Records Officer Ashley Staley

Department of Drug and Alcohol Programs
2601 N. Third Street, Fifth Floor
Harrisburg, PA 17110
E-mail address: ra-rtk-da@pa.gov
Fax number: 717-787-6285

You can make RTKL requests using a form from the Office of Open Records. The Agency will consider these requests as public records. They may post them online.

If a request is vague, the Agency can deny it. The Agency's Open Records Officer (AORO) might reach out for clarification. It's helpful to include contact information in the request.

The RTKL Office is open from 8:30 a.m. to 5:00 p.m., Monday to Friday. Requests made after hours are considered received the next business day.

Verbal requests go to the relevant program office. They are treated as routine requests, not RTKL requests.

Fees

The Office of Open Records sets duplication fees, listed on its website. Typically, the fee is $.25 per page. However, on-site copies may cost $.15. Agencies can waive fees for the first 20 pages. Beyond that, fees apply.

The AORO can grant record access in several ways: 1) at the Agency's office, if the requester agrees; 2) by sending a copy; or 3) by notifying about online access. If the requester can't access it online and asks within 30 days, the Agency will provide a paper copy for a fee. All these are considered "responses" under the RTKL. This also includes the Agency's decisions on access requests. Responses can be sent by mail, in person, by fax, or email.

The Agency must reply to RTKL requests within five business days, unless more time is needed. The day the request is received isn't counted. The next business day starts the five-day count.

A business day excludes weekends, State holidays, and days when the Agency is closed due to various reasons like management decisions, natural disasters, or law enforcement requests.


Interim Responses

The Agency usually responds to a RTKL request within 5 business days. If certain conditions are met, the AORO can extend this time, notifying the requester. This notice is called an "interim response."

The AORO may issue an interim response for several reasons:

  1. The request needs redaction from a public record.

  2. The record is stored remotely.

  3. Staffing issues prevent a timely response.

  4. Legal review is needed to confirm access.

  5. The requester hasn't followed the Agency's rules.

  6. Fees over $100 are required.

  7. The request is too broad or complex.

An interim response will:

  1. Be sent by the end of the 5 business days.

  2. Explain the delay.

  3. Estimate any fees.

  4. Provide a date for the final response. If this date is over 30 days away, the request is considered denied, unless the requester agrees to it.


Final Responses

There are three outcomes for final responses:

  1. Granted.

  2. Denied.

  3. Partially granted and partially denied.

If the Agency doesn't respond in time, it's considered a denial.

If a request is denied, the Agency will explain how to appeal. It will also detail the reasons and cite the law supporting the denial.

Not finding records after a good faith search isn't a denial of access.

The Agency will not deny access to a record based upon the fact that portions of the record are not subject to disclosure.  The Agency will redact the portions that are not subject to disclosure and produce the portions that are subject to disclosure.

The Agency can grant record access in various ways: 1) at its office, if the requester agrees; 2) by sending a copy; or 3) by providing online access information. If the requester can't access records online within 30 days, the Agency will provide paper copies for a fee.

The Agency decides which buildings and rooms to use for public record access. The AORO also selects these spaces.

If a record exists in the requested medium, the Agency will provide it that way. Otherwise, it will share it in its current format. The Agency won't change formats unless a record is only available online. In that case, it will print it on request.

The Agency isn't obligated to create new records or change existing ones. It won't organize records differently than it currently does.

For copies, the Agency can do it itself or let requesters use their own equipment. It may offer its equipment but require the requester to operate it. Alternatively, the Agency might assign staff or charge for services.

If a request is fully or partly denied, the requester can appeal to the Office of Open Records (OOR). This must be done within 15 business days. The appeal should explain why the record is public and counter the agency's reasons for denial. Send the appeal to the OOR and the agency's Open Records Officer (AORO) at the same time. Include the agency's response, the RTKL request, and the appeal form from the OOR website.

OOR Address: 333 Market Street, 16th Floor Harrisburg, PA 17101-2234 Phone: 717-346-9903 Email: openrecords@pa.gov

Others with a direct interest in the record can also join the appeal. They have 15 days from learning about the appeal or until the Appeals Officer decides, whichever is first. They can request to provide information or support either side. The Appeals Officer may grant this request.

For more on appeals, check the OOR website.

The Agency charges the following fees under the RTKL:

Fees Set by the Office of Open Records

The OOR sets two types of fees for Commonwealth agencies under the RTKL:

  1. Duplication fees, detailed in 65 P.S. § 67.1307(b).

  2. Enhanced electronic access fees, found in 65 P.S. § 67.1307(e). Agencies set these fees, with OOR approval.

Duplication fees are listed on the OOR's website. The standard charge is $0.25 per page. However, on-site copying may be cheaper, at $0.15. The Agency can waive fees for the first 20 pages. Charges apply only after that.

There is no fee for enhanced electronic access.

Special Fees

  • Certified copies cost $1 each.

  • The Agency charges actual costs for postage, faxes, microfiche, and special documents.

  • Transcripts of administrative proceedings have specific rules:

    • Before a decision is final, the stenographer sets the fee.

    • After a decision is final, the charge is up to $0.25 per page.

Reasonable Costs

The Agency can charge for necessary costs. These are determined on a case-by-case basis.