If you submit a Right-to-Know request to a state or local agency in Pennsylvania and your request is denied, you can file an appeal with the Office of Open Records. There is no fee, and you do not need an attorney.
All appeals must be made in writing and must be submitted to the Office of Open Records within 15 business days from the mailing date of the Agency's response or the date that the request was deemed denied. If that timeframe expires before you provide the required information to the OOR, you lose your right to appeal and may need to file a new RTK request with the Agency.
The simplest and best way to prepare an appeal is to use the online version of the official OOR Appeal Form.
The OOR Appeal Form can be used to appeal full denials, partial denials, and deemed denials (i.e., when the agency doesn't respond by the deadline), as well as to appeal any fees being charged by the agency.
To file an appeal under the Right-to-Know Law, a requester must provide all of the following:
Using the online version of the official OOR Appeal Form will walk you through the process, step by step.
The OOR will not docket appeals or respond to requests where the OOR has reason to believe that a requester’s identity is anonymous or has been mispresented to the OOR.
The OOR also accepts appeals via fax (717-425-5343) or postal mail:
Office of Open Records
555 Walnut Street, Suite 605
Harrisburg, PA 17101-1925
In-person submissions are accepted at the Office of Open Records, 555 Walnut Street, Suite 605, Harrisburg, PA, during normal business hours.
The deadline for an appeal submitted electronically (email or fax) is 11:59:59 p.m. on the 15th business day from the mailing date of the Agency's response or the date that the request was deemed denied. For in-person submissions and submissions via postal mail, the deadline is 5:00 p.m. on the 15th business day.
When an agency does not respond to you in writing within five business days of your written RTK request, the request is considered to be "deemed denied." If an agency did not respond, please indicate this when you file an appeal.
When the Office of Open Records receives an appeal, a docket number is assigned, an Appeals Officer is assigned, and both the requester and the agency are sent a letter containing important information about the appeal process.
A binding Final Determination will be issued pursuant to the timeline required by the RTKL. In most cases, that means within 30 calendar days.
