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of the Commonwealth of Pennsylvania

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    Submit a PA Agriculture Right-to-Know Request

    The Right-to-Know Law says the Department of Agriculture must give out records when asked.

    Submit Online
    Download RTKL Form

    Overview

    The Pennsylvania Department of Agriculture (PDA) has rules for dealing with requests under the Right-to-Know Law. According to the law, PDA must put these rules on its website. 

    Accepted Requests

    Written Requests
    A written request to PDA under the RTKL must:

    1. Be addressed to PDA’s Agency Open Records Officer (“AORO”) at:
    2. Pennsylvania Department of Agriculture ATTN: AORO 2301 North Cameron Street Harrisburg, PA  17110-9408
    3. or emailed to: RA-AG-RTK@pa.gov
    4. or by fax to: 717-346-3301 (Note: You can only fax during PDA's business hours, from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on holidays or when the office is closed.)
    5. Provide a name and address for PDA to send its response.
    6. Say that the request is under the RTKL.
    7. Be specific to help PDA to know which records are being requested
    8. Be from a person that is a legal resident of the United States.

    Verbal Requests: PDA can help with verbal requests, but for all the rights under the RTKL, like appealing a decision, your request must be written.

    Request Forms
    A written request must have specific information. You can use an approved form to make your written request. There are three acceptable forms:

    1. The online version of the PDA Right-to-Know Request Form

    2. You can download and print the PDA Right-to-Know Request Form from the PDA website here or on the Office of Open Records website at http://openrecords.state.pa.us. 

    Types of Responses to Your Request

    After submitting a Right-To-Know request, you can receive different types of responses.

    The Agency Open Records Officer (AORO) can respond to a Right-to-Know Law request in a few ways:

    1. They can let you see the records at PDA's offices if you agree.
    2. They can send you a copy.
    3. They can tell you if the record is available online. If you can't get it online, you can ask for a paper copy within 30 days. Each of these actions counts as a "response." PDA can send responses by mail, in person, by delivery service, fax, or email, unless you ask for something else.

    PDA has to respond to an RTKL request within five business days, not including the day they get the request. If they need more time, they'll let you know with an "interim response.

    Interim responses are given when PDA needs more time to respond to an RTKL request. Here are some reasons for an interim response:

    • If the request needs parts to be blacked out.
    • If the record needs to be found from far away.
    • If there aren't enough staff to finish in five days.
    • If a lawyer needs to check if the record can be given out.
    • If the requester hasn't followed PDA's rules for getting public records.
    • If the fees are $100 or more and not paid upfront.
    • If the request is too big or complicated to finish in five days.

    An interim response must:

    1. Be sent within five business days.
    2. Say why more time is needed.
    3. Tell the exact or estimated fees.
    4. Say when they expect to give a final response, usually within 30 days. If the expected response date is more than 30 days, the request will be treated as denied unless the requester agrees to the later date.

    If the fees are $100 or more, the AORO will send an interim response. Once the payment or estimated payment is received, PDA will decide which records can be given out, find them, black out any private parts, and tell the requester when they'll get the records, usually within 30 days.

     

    You'll get one of four final responses:

    1. The request is approved.
    2. The request is denied.
    3. Part of the request is approved, and part is denied.
    4. The records you asked for aren't with PDA.

    If your written request is denied, PDA will send a final response explaining how you can appeal if you want to. They'll also explain why they denied your request and cite the law that supports their decision. If they can't find the records you asked for after looking, it's not counted as a denial. PDA can't deny access to records that don't exist or that they don't have.

    PDA won't say no to giving you a public record just because parts of it aren't public. They'll hide the parts that aren't public and give you the rest.

    PDA decides where you can see the records. PDA can let you see a record:

    1. at their office
    2. by sending you a copy,
    3. or by telling you it's online and giving it to you on paper if you ask.

    PDA tells you if the record is online. If you can't use the online version, you can ask for a paper copy within 30 days of getting their message. (b) PDA gives you the record if you ask in writing and pay for it.

    PDA can make copies for you or let you use your own copier. If they let you use theirs, they may do it for you, hire someone else to do it and you pay for it, or you may have to do it yourself.

    Making an Appeal

    If PDA says no to your request or doesn't answer, you can appeal to the Office of Open Records within 15 business days. You have to explain why you think PDA was wrong. You need to send the appeal to the Office of Open Records and also to PDA. You mist include your original request, PDA's response and an appeal form you can find on the Office of Open Records website. Address it to:

    The Commonwealth Office of Open Records
    Commonwealth Keystone Building
    400 North Street, Plaza Level
    Harrisburg, PA  17120-0225

    Phone: 717-346-9903
    Email: openrecords@state.pa.us

    Right-To-Know Request Fees

    PDA charges fees under the RTKL as follows:

    1. Copying Fees: The Office of Open Records sets these fees, usually at $0.25 per page for more than 20 pages.
    2. Special Fees: PDA charges $1 for certified copies. For postage or special documents, they charge the actual cost.
    3. Transcripts: Before a decision is final, you can ask for a transcript, but you'll have to pay the usual fee. After it's final, the regular copying fee applies.
    4. Other Fees: PDA may charge fees for complex data.
    5. Reasonable Costs: PDA can charge reasonable fees for costs they have to cover.

    If you ask for more than 20 copies or complex data sets, you'll pay fees. Complex data set fees may be waived only as allowed by the RTKL. PDA will review and decide on the applicable fees for each request.

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