The following guide is designed to help you file an appeal under the Right-to-Know Law (RTKL).
To file an appeal under the Right-to-Know Law, a requester must provide all of the following:
A copy of the RTK request.
A copy of the Agency's response (or a notation that the request was "deemed denied," meaning the Agency didn't respond at all).
A written statement explaining the grounds on which the requester asserts that the record is a public record.
A written statement addressing any grounds stated by the agency for denying the request.
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 OOR Appeals 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.
The OOR prefers to receive appeals through the online form, or via e-mailas a Microsoft Word (.doc or .docx) or PDF attachment.
E-mail Attachment Formats:Appeals filed via e-mail may include PDF, Microsoft Word (doc, docx, or rtf), Microsoft Excel (xls or xlsx), and image file (jpg, png, gif, or tiff) attachments. If an appeal to be filed via e-mail includes an attachment of any other format, call the Office of Open Records (717-346-9903) before sending it. Any other formats may be rejected by Commonwealth servers.
E-mail Attachment Filesize:If an appeal to be filed via e-mail includes an attachment exceeding 4MB, call the Office of Open Records (717-346-9903) before sending it. Attachments exceeding 4MB may be rejected by Commonwealth servers.
Appeals may also be submitted via fax (717-425-5343) or postal mail:
Office of Open Records
Commonwealth Keystone Building
400 North St., 4th Floor
Harrisburg, PA 17120-0225
In-person submissions are accepted at the Office of Open Records, Commonwealth Keystone Building, 400 North St., Plaza Level, Harrisburg, PA, during normal business hours.
The deadline for an appeal submitted electronically (e-mail 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.
About Appeals of "Deemed Denied" Requests
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.
What Happens After 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.