Pennsylvania Code
Title 107 - HOUSE OF REPRESENTATIVES OF PENNSYLVANIA
Chapter 201 - RIGHT-TO-KNOW LAW-STATEMENT OF POLICY
Subchapter C - APPELLATE PROCEDURE
Section 201.23 - Parties
Universal Citation: 107 PA Code ยง 201.23
Current through Register Vol. 54, No. 12, March 23, 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 deemed
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 appeals officer. 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 appeals officer 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 or any
factual disputes.
(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 may be held on an appeal only
as follows:
(i) The appeal is of a deemed
denial under section 901 of the law.
(ii) The requester alleges willful misconduct
under section 1304(a)(1) of the law (65 P. S. §
67.1304(a)(1)).
(iii) In the denial, the open-records officer
rules that the request is frivolous under section 1304(b) of the law.
(iv) The appeals officer or appeals examiner
determines that there is good cause for a hearing.
(2) Under section 1102(b) 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.
(2)
Procedural history.
(i) 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. This
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).
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