Procedural Guidelines

The Office of Open Records has established the following Procedural Guidelines to govern the appeals procedure when a Commonwealth or Local Agency denies a request for records, pursuant to Act 3 of 2008, the Right to Know Law, 65 P.S. §§67.101, et seq. 

The following language modifies Section IV.C.2.a-b of the OOR’s Procedural Guidelines, as set forth on page 5 of that document.

  1. Appeal filings –
     
    1. Appeals may be filed electronically via the OOR electronic appeal form found at https://www.openrecords.pa.gov/Appeals/AppealForm.cfm OR via email sent to openrecords@pa.gov. Electronic filings are accepted up to 11:59:59 p.m. Once an appeal is filed electronically, filings and submissions for the remainder of the appeal may only be made through the E-File Portal [https://www.openrecords.pa.gov/Portal/login.cfm] and those submitted via postal mail or hand delivery will not be accepted.
       
    2. Appeal filings may also be received via facsimile, postal mail or hand delivery. Any appeal filings outside of normal business hours shall be deemed received and date stamped on the next business day of the OOR. Appeals which are filed by hard copy (i.e., by mail or hand delivery) MUST be submitted on 8 ½ x 11 or 8 ½ x 14 inch paper. Failure to submit hard copy appeals on 8 ½ x 11 or 8 ½ x 14 inch paper will result in the appeal being DISMISSED unless the party filing the document specifically seeks and is granted permission to file non-conforming papers. Any other hard copy document filed in an appeal should be filed on 8 ½ x 11 or 8 ½ x 14 inch paper to the extent possible. If an appeal filing includes an email address, credentials for the E-File Portal will be sent to that address, and the appeal will proceed through the E-File Portal. If an appeal filing does not contain an email address, the filing party will participate through the appeal via postal mail or hand delivery, unless they opt-in to using the E-File Portal.
  1. Submissions and messages to the Appeals Officer after the appeal is filed –
     
    1. Electronic submissions - Submissions including evidence, affidavits, legal arguments, correspondence, and messages to the AO must be submitted via the E-File Portal. Unless a party is able to clearly demonstrate an extenuating reason for not using the E-File Portal, all submissions, correspondence, and messages must be submitted via the E-File Portal. To the extent a hardship or disability is clearly demonstrated, the Appeals Officer may permit submissions, correspondence, and messages to be submitted via postal mail or hand delivery. If an appeal is proceeding via the E-File Portal, submissions, correspondence, and messages may only be made through the portal and those submitted via email, postal mail or hand delivery will not be accepted.
       
    2. Non-electronic submissions – If an appeal is not proceeding via the E-File Portal, submissions, correspondence, and messages may be made through postal mail or hand delivery. Submissions, correspondence, and messages received outside of normal business hours shall be deemed received and date stamped on the next business day of the OOR. Submissions, correspondence, and messages which are filed by hard copy MUST be submitted on 8 ½ x 11 or 8 ½ x 14 inch paper to the extent possible. Submissions made on anything but 8 ½ x 11 or 8 ½ x 14 inch paper will not be docketed unless the party filing the document specifically seeks and is granted permission to file non-conforming papers.

Note: Additional amendments to the Procedural Guidelines are being developed and will be posted in the Pennsylvania Bulletin when completed.


Appeals Process - Procedural Guidelines (revised September 2015)

Appeals Process - Citizens' Guide (revised August 2015)

Appeals Form