65 P.S. § 67.1101
How to appeal a Pennsylvania RTKL denial to the Office of Open Records
An Office of Open Records appeal is how most Pennsylvania requesters challenge an RTKL denial. After a denial or a deemed denial, you generally have 15 business days. This page is how an OOR appeal works: who may file, what to attach, what to argue, and how the clock runs. It is not legal advice, and it is not the appeal.
The window
Who can appeal and when
The person who made the written request may appeal a denial or a deemed denial under 65 P.S. § 67.1101. A final response that withholds records, in whole or in part, is a denial. Silence through the response deadline, or through an extension date with no final response, is a deemed denial. A final response that releases the records you asked for is not a denial to appeal. The appeal is due within 15 business days of the mailing date of the agency's response, or within 15 business days of the deemed denial. Weekends and Commonwealth holidays do not count. File with the Office of Open Records unless a different appeals officer has the case. How the days are counted is on the RTKL deadlines page.
The filing
What to file
File on the official Office of Open Records appeal form. Attach the written request and the agency's response. If the agency sent no response, attach the request and include a statement that there was no response, along with your proof of receipt. The appeal has to say why you assert the records are public, and it has to address any grounds the agency stated for delaying or denying the request. That duty is in 65 P.S. § 67.1101.
The argument
What to say
Stay on the records you named. Say why those records are public records of that agency. If the agency cited an exemption, answer that exemption: what the record is, why the exemption does not cover it, and what the agency has not shown. Keep it record-specific. A general plea for transparency is weaker than a reply tied to the records. The sample appeal cover shows the shape of that argument with the facts redacted. Do not copy it into a live appeal without changing every fact.
Two offices
Local agencies and the district attorney
A local agency's criminal investigative records are a different track. Appeals about those records go to an appeals officer designated by the county district attorney under 65 P.S. § 67.503(d), rather than only to the Office of Open Records. If the same denial also withholds other records on other grounds, requesters often file in both places: the district attorney for the criminal investigative piece, and the OOR for the rest. Commonwealth agency appeals generally stay with the OOR. The right office depends on the agency and the written grounds. When that split is in your denial, counsel is often the right next step.
After filing
After you file
After you file, the Office of Open Records dockets the appeal and gives the agency a chance to explain the denial. The appeals officer then issues a final determination. Under 65 P.S. § 67.1101, that determination is to be mailed within 30 days after the OOR receives the appeal, unless the requester agrees otherwise. Court is a later step, not the first. Commonwealth Court hears the later petition for review from a Commonwealth agency final determination. A local agency case usually goes to the court of common pleas instead. Do not open in court and skip the OOR appeal.
Open Docket
Draft and track the appeal
Open Docket can hold an appeal draft next to the request and show the 15-business-day clock from the dates you record. The sample appeal cover is the shape of that draft. Start a draft or sign in if you want the clock and the letter in one place. You still file the appeal yourself, on the OOR form, before the window closes. If you want a lawyer to write or file it, start with need a lawyer.
Related
Disclaimer
Open Docket is a tracker and letter generator, not legal advice; SPARK LLC is not a law firm.