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Pennsylvania Code



Subchapter B. OPEN RECORDS PROCEDURES OF THE BUREAU


Sec.


31.11.    Hours of access.
31.12.    Contact information.
31.13.    Request format.
31.14.    Referral.
31.15.    Processing.
31.16.    Mass requests.
31.17.    Fee schedule.

§ 31.11. Hours of access.

 The Right-To-Know Office of the Bureau will be open from 8:45 a.m. to 4:45 p.m. Monday through Friday except for official State and Federal holidays and other days the Bureau is closed by direction of the Bureau Director. The Right-To-Know Office will not be open during other hours that the Legislative Reference Bureau is open for legislative session business.

§ 31.12. Contact information.

 Right to Know requests must be sent to:

 Open-Records Officer  Legislative Reference Bureau  Room 641, Main Capitol Building  Harrisburg, PA 17120-0033  Fax: (717) 783-2396  Email: LRBRightToKnow@palrb.us

Source

   The provisions of this §  31.12 amended September 3, 2021, effective September 4, 2021, 51 Pa.B. 5690. Immediately preceding text appears at serial page (376664).

Cross References

   This section cited in 101 Pa. Code §  31.2 (relating to open-records officers).

§ 31.13. Request format.

 Requests must be made in writing, must be clearly marked as a right-to-know request and must be submitted in person or by mail, email or facsimile in one of the following manners:

   (1)  On a form prescribed by the Bureau.

   (2)  In a manner so that material requested describes records requested with specificity.

§ 31.14. Referral.

 (a)  Scope. The Bureau will forward a request for a legislative service agency record not generated by the Bureau to the appropriate legislative service agency.

 (b)  Status. Forwarding a request under subsection (a) does not constitute a deemed denial under section 901 of the law (65 P. S. §  67.901).

§ 31.15. Processing.

 Subject to §  31.16 (relating to mass requests), the Bureau will process a request for any of the following legislative service agency records generated by the Bureau:

   (1)  A financial record.

   (2)  A bill or resolution that has been introduced, including resolutions to adopt or amend the rules of a chamber.

   (3)  The minutes of, record of attendance of members at and all recorded votes taken in a meeting of the Joint Committee on Documents.

   (4)  The transcript of a public hearing when available.

   (5)  Any administrative staff manuals or written policies.

   (6)  Final or annual reports required by law to be submitted to the General Assembly.

   (7)  A record communicating to the appointing authority the resignation of a legislative appointee.

   (8)  Proposed regulations, final-form regulations and final-omitted regulations submitted to a legislative agency. This paragraph is subject to 45 Pa.C.S. §  722(b) (relating to deposit of documents required) and 1 Pa. Code §  13.55 (relating to filing for public inspection).

§ 31.16. Mass requests.

 If the open-records officer determines that a mass request places an unreasonable burden on the Bureau, in an analogous manner to that described in section 506(a)(1) of the law (65 P. S. §  67.506(a)(1)) for multiple requests by the same requester, the following apply:

   (1)  The open-records officer will respond to the common source identified by the open-records officer; respond to individual requests submitted in writing; and, if the request is granted, will make the legislative record accessible at the Bureau.

   (2)  If the mass request is in electronic format, each requester will be informed of the action under paragraph (1).

Cross References

   This section cited in 101 Pa. Code §  31.15 (relating to processing); and in 101 Pa. Code §  431.22 (relating to practice and procedure).

§ 31.17. Fee schedule.

 (a)  General rule. Except as set forth in subsection (b), the following apply:

   (1)  The fee for providing a document is $.25 per page.

   (2)  The fee for postage will not exceed actual mailing costs.

   (3)  The fee for certifying a document is $5 per document, regardless of the number of pages. Each document requires separate certification and fee.

   (4)  The fee for redaction of a document is $1 per page.

 (b)  Exception. If the Office of Open Records charges a fee for providing a document of less than the amount set forth in subsection (a), the Bureau will charge the fee charged by the Office of Open Records.

 (c)  Payment.

   (1)  In accordance with paragraphs (2) and (3), payment arrangements shall be made between the requester and the open-records officer.

   (2)  If the actual fee is expected to exceed $100, payment of an estimated fee under section 1307(h) of the law (65 P. S. §  67.1307(h)) shall be made prior to the initiation of providing the document. If payment under this paragraph is required, a check, certified check or money order shall be made payable to ‘‘Commonwealth of Pennsylvania’’ in the amount of the estimated fee.

   (3)  Payment of the actual fee shall be made prior to providing the document.

Source

   The provisions of this §  31.17 amended January 4, 2013, effective January 5, 2013, 43 Pa.B. 17. Immediately preceding text appears at serial page (340145).



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