Pennsylvania Code
Title 101 - GENERAL ASSEMBLY
Part I - LEGISLATIVE REFERENCE BUREAU
Subpart E - STATEMENTS OF POLICY
Chapter 31 - RIGHT-TO-KNOW LAW
Subchapter C - APPELLATE PROCEDURE
Section 31.23 - Parties
Universal Citation: 101 PA Code ยง 31.23
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Original.
(1) Under section
1101(a)(1) of the law (65 P. S. §
67.1101(a)(1)), an appeal
may be made by a requester with respect to any of the following:
(i) A request denied under section 903 of the
law (65 P. S. §
67.903).
(ii) A request deemed denied under section
901 of the law (65 P. S. §
67.901).
(2) Under section 1101(c) of the law, a party
with a direct interest in the information subject to the appeal may intervene
in the appeal.
(b) Procedure.
(1) A party under
subsection (a) must file two copies of the appeal or petition to intervene with
the Bureau. The copies must be in writing. Electronic filing is not permitted.
For an appeal under subsection (a)(1)(i), the appeal or petition must refer to
any disputed factual or legal matter in the denial under section 903 of the
law.
(2) Upon receipt of the filing
under paragraph (1), the Bureau will send a copy to the open-records officer
whose denial or deemed denial is being appealed.
(3) The appeals officer may schedule an
informal conference with the parties to attempt to resolve the
matter.
(c) Submission on documents. Except as set forth in subsection (d), the appeal will be resolved under section 1102(b)(1) of the law (65 P. S. § 67.1102(b)(1)), based on the following:
(1) The appeal under
section 1101(a)(1) of the law.
(2)
The denial under section 903 of the law.
(d) Hearing.
(1) A hearing will be held on an appeal if
the appeals officer determines that there is good cause for a
hearing.
(2) Under section
1102(b)(2) of the law, a hearing is subject to 1 Pa. Code Part II (relating to
General Rules of Administrative Practice and Procedure).
(e) Determination. Under section 1102(a)(4) of the law, the appeals officer will issue a final determination. The final determination will consist of the following:
(1)
Title. Identification of
the requester and the legislative agency.
(2)
Procedural history.
(i)
Recital. A brief recital
of the facts up to disposition by the open-records officer.
(ii)
The disposition by the
open-records officer. This subparagraph includes a denial under
section 903 of the law and a deemed denial under section 901 of the
law.
(3)
Factual
findings. Resolution of disputed facts.
(4)
Legal conclusions.
Includes cited authority.
(5)
Order. An order affirming the denial or granting the request,
in whole or in part. An order under this paragraph is subject to judicial
review under Chapter 13 of the law (65 P. S. §§ 67.1301-67.1310).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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