Overview
Pursuant to Section 504 of the Right-to-Know Law, 65 P.S. §67.101 et seq. (RTKL), the Department of Military and Veterans Affairs (“DMVA” or “Agency”) sets forth the following policies, process and procedures, regarding responses by DMVA to requests made pursuant to the RTKL, in addition to complying with the policies set forth in Management Directive 205.36 Amended.
In addition, to facilitate access to documents of public interest and reduce the need for RTKL requests, DMVA makes many documents public. DGS publishes many solicitations, awards and contracts on its E-Marketplace website and uploads contracts to the 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 the DMVA website, as it deems appropriate:
Additional resources:
Right to Know Request Process
1. A written request to the DMVA under the Right-to-Know Law (RTKL) must:
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Be addressed to the Agency Open Records Officer (AORO) at:
Department of Military and Veterans Affairs
Bldg. 7-36, Fort Indiantown Gap
Annville, PA 17003-5002
Email: RA-DMVA-RightToKnow@pa.gov -
Include your name and address for the response.
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Clearly state that the request is made under the RTKL.
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Be submitted in writing: in person, by letter, by email, or by fax.
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Be specific enough so DMVA can identify which records you are requesting.
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Come from someone who is a legal resident of the United States.
2.. Verbal requests may be fulfilled, but you cannot seek RTKL remedies unless your request is written.
3. Anonymous requests will not be accepted.
4. You may use the RTKL request form available on the Office of Open Records website.
5. The RTKL Office’s regular business hours are 8:15 a.m. to 4:30 p.m., Monday through Friday. Requests received after business hours will be treated as received the next business day.
6. RTKL requests are considered public records and may be made available for public access through the DMVA website.
- The AORO may respond by allowing you to inspect the records electronically, in the office, or by sending a copy.
- If records are available online, and you cannot access them, DMVA will send them to you in paper form for a fee.
- Responses may be delivered by mail, hand delivery, fax, or email.
1. Interim Responses
- If extra time is needed, the AORO will send an interim response explaining why.
- Some reasons for needing more time include:
- The records need to be redacted.
- They are located off-site.
- There are staffing limitations.
- A legal review is required.
- The requester has not paid necessary fees.
- Interim responses must be sent by the end of the 5 business days and should include:
- A reason for the delay.
- An estimated cost for copies.
- A new date when records will be available (no more than 30 days).
2. Final Responses
There are three possible outcomes:
- The request is granted.
- The request is denied.
- The request is partially granted and partially denied.
- If denied, the response will explain why and how to appeal.
- If no responsive records are found, this is not a denial.
3. Redaction
- The agency will not deny access just because part of the record is not public. It will redact (remove) private parts and give you the public portions.
4. Access
- Records can be accessed electronically, at the office, or by mail.
- If the record only exists in one format, the agency is not required to change it unless the requester asks for a printed version.
5. Duplication of Public Records
- The agency may provide copies or let you make them yourself.
- The agency can charge for duplication or use its own equipment.
If your request is denied or considered denied (in whole or in part), you can file an appeal with the Office of Open Records (OOR). The appeal must be submitted within 15 business days from the denial or deemed denial.
The appeal should:
- State why you believe the record is public.
- Address any reasons the agency gave for denying or delaying your request.
Send the appeal to the OOR at:
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
You must also send the appeal to the Agency's Open Records Officer (AORO) at the same time, using the same method (email, fax, mail, or hand delivery). Include:
- The agency's response to your request.
- A copy of your RTKL request.
- The appeal form, which is available on the OOR website.
If someone else has a direct interest in the record, they can submit information or appear before the Appeals Officer to support the requester or the agency’s position. The Appeals Officer may allow or deny this request.
For more information, it is recommended to review the Office of Open Records website.
The following fees apply to requests under the RTKL:
1. Fees Determined by the Office of Open Records
The Office of Open Records sets the fees for duplication and enhanced electronic access.
- Duplication Fees:
- $0.25 per page for duplication.
- On-site duplication may be reduced to $0.15 per page at the agency's discretion.
- No charge for the first 20 pages; fees apply to pages beyond that.
2. Specialized Fees
- Certified Copies: $1 per copy.
- Postage and Other Media Costs: Actual cost for postage, fax, microfiche, or other media. Postage is waived for amounts under $1.00.
- Transcripts of Administrative Proceedings:
- Before an adjudication becomes final, regular fees apply for transcripts.
- After an adjudication becomes final, the usual duplication fee of $0.25 per page applies.
3. Reasonable and Necessarily Incurred Costs
- The agency may charge reasonable costs for necessary expenses incurred during the request process. These fees will be determined on a case-by-case basis.
4. General Information
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No charge for agency or legal review to determine if records are subject to disclosure.
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If estimated fees exceed $100, you must prepay the estimated amount before the agency will process the request. Payment can be made by certified or regular check (which must clear before being considered received). If prepayment is required and not made, your request will be withdrawn.
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Outstanding Fees: If you have any unpaid fees for previous RTKL requests, you must pay those before being granted access to records under any new requests.
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If no prepayment is required because the estimated fee is $100 or less, but actual fees exceed $100, the agency may either:
- Produce the records and send an invoice for the balance, or
- Require payment before producing the records.
1. National Guard Records and Federal Records
The Pennsylvania Army and Air National Guard keeps both state and federal records. Many records, like those about soldiers and operations, are federal records, which are not covered by the Right to Know Law (RTKL). Some records may be both state and federal.
If you want federal records from the National Guard, you will be sent to the right federal officer at this address:
DCSIM/J6 ATTN: Freedom of Information Act Officer Building 11-66, Fort Indiantown Gap Annville, PA 17003-5002
You can learn more about federal records by looking at the Freedom of Information Act rules. The fees for federal records are set by military rules.
2. Medical Records
The Department of Military and Veterans Affairs (DMVA) runs six state veterans’ homes and keeps medical records with private health information. These records are not available under the RTKL, but they may be shared in some cases under other rules.
The Pennsylvania Department of Health sets the fees for getting medical records, not the RTKL. These fees are changed every year.
3. Education Records
Before it closed, the DMVA ran the Scotland School for Veterans' Children and still keeps some of the school records. Things like academic transcripts and other student records are not available under the RTKL, but they may be shared under certain laws, including the Family Educational Rights and Privacy Act (FERPA).
The DMVA decides the fees for getting academic transcripts and school records.
Contact us
DMVA Public Affairs Office
Bldg. 8-41, Fort Indiantown Gap
Annville, PA 17003-5002