Here’s a Twitter thread I posted recently exploring deadlines under the Right-to-Know Law.
Deadlines. Pennsylvania's Right-to-Know Law (#RTKL) has many. First, an agency must respond to you within 5 (agency) business days after you submit a request. /1
— Erik Arneson (@ErikOpenRecords) August 2, 2018
Next, the agency can take an extension of up to 30 calendar days for its response. (To take an extension, the agency must notify the requester within the original 5 business days.) /2
— Erik Arneson (@ErikOpenRecords) August 2, 2018
If an agency fails to respond in 5 business days, or fails to respond on time after taking a 30-day extension, the request is "deemed denied" and can be appealed to @OpenRecordsPA. /3
— Erik Arneson (@ErikOpenRecords) August 2, 2018
The deadline for a requester to file a #RTKL appeal is 15 business days from the mailing date of the response, or the date on which the request was deemed denied. /4
— Erik Arneson (@ErikOpenRecords) August 2, 2018
Because there is a deadline to file an appeal, even for a deemed denial, it's important that requesters track the date a response was due. /5
— Erik Arneson (@ErikOpenRecords) August 2, 2018
Once an appeal is filed, @OpenRecordsPA has 30 calendar days to issue a decision. And once the OOR issues a decision, either side can appeal to court within 30 calendar days. /6
— Erik Arneson (@ErikOpenRecords) August 2, 2018
There are two stages at which requesters may be asked to agree to extensions: while the agency is preparing a response, and while @OpenRecordsPA is working on the appeal. /7
— Erik Arneson (@ErikOpenRecords) August 2, 2018
At the request stage, agencies have fairly broad latitude to take one 30 calendar day extension. But anything beyond that must be agreed to by the requester. If you do this, ALWAYS PUT IT IN WRITING (email is fine). /8
— Erik Arneson (@ErikOpenRecords) August 2, 2018
At the appeal stage, @OpenRecordsPA has 30 calendar days to issue a final determination unless the requester grants an extension. Anytime the OOR asks for an extension, it will be in writing. And please say yes. /9
— Erik Arneson (@ErikOpenRecords) August 2, 2018
Bottom line for agencies: Be sure you're responding within 5 business days and, if you take an extension, within the 30 calendar day extension period. (By the way, this is always calculated as 5 business days + 30 calendar days, no matter when the extension is taken.) /10
— Erik Arneson (@ErikOpenRecords) August 2, 2018
Bottom line for requesters: Be sure you track due dates. If the agency doesn't respond on time, the request is deemed denied and the clock starts on your 15 business day deadline to file an appeal. /11
— Erik Arneson (@ErikOpenRecords) August 2, 2018
If you have any questions about deadlines under Pennsylvania's Right-to-Know Law (#RTKL) – or anything else about the #RTKL – let me know and I'll do my best to answer. /end
— Erik Arneson (@ErikOpenRecords) August 2, 2018