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Pennsylvania Code



Subchapter B. OPEN RECORDS PROCEDURES OF THE CAPITOL PRESERVATION COMMITTEE


Sec.


701.11.    Hours of access.
701.12.    Contact information.
701.13.    Request format.
701.14.    Referral.
701.15.    Processing.
701.16.    Mass requests.
701.17.    Fee schedule.

§ 701.11. Hours of access.

 The Right-to-Know Office of the Committee will be open from 8:30 a.m. to 4 p.m. Monday through Friday, except for official State and Federal holidays and other days the Committee is closed by direction of the Executive Director of the Committee.

Source

   The provisions of this §  701.11 amended March 15, 2019, effective March 16, 2019, 49 Pa.B. 1154. Immediately preceding text appears at serial page (376679).

§ 701.12. Contact information.

 Right-to-Know requests shall be sent to:

   Open-Records Officer Capitol Preservation Committee Room 630, Main Capitol Building Harrisburg, PA 17120Fax: (717) 772-0742 E-mail: rtkrequest@cpc.state.pa.us

§ 701.13. Request format.

 (a)  General. The Committee will fulfill verbal, written or anonymous verbal or written requests for access under the law. If, however, the requester wishes to pursue the relief and remedies provided for in the law, the request must be a written request.

 (b)  Written requests. Requests in writing must be clearly marked as a Right-to-Know request and shall be submitted in person or by mail, e-mail or facsimile in one of the following manners:

   (1)  On a form prescribed by the Office of Open Records.

   (2)  On a form prescribed by the Committee.

   (3)  In a manner so that material requested describes records requested with specificity. In the event that one of the forms referenced in paragraph (1) or (2) is not used, the request must also include an address to which the Committee can provide its response.

§ 701.14. Referral.

 (a)  Scope. The Committee will forward a request for a legislative record not generated by the Committee to the appropriate legislative agency, to the extent that the appropriate legislative agency can be reasonably determined. In that event, the requester will be advised of this action. If the appropriate legislative agency cannot be reasonably determined, the Committee will respond under Chapter 9 of the law (63 P. S. § §  67.901—67.905).

 (b)  Status. Forwarding a request under subsection (a) does not constitute a deemed denial under section 901 of the law (63 P. S. §  67.901).

§ 701.15. Processing.

 (a)  Production. Subject to §  701.16 (relating to mass requests), the Committee will process a request for any legislative record in its possession, custody or control. Legislative records in the possession, custody or control of the Committee will be produced in accordance with the law, and, except as otherwise exempt from access as set forth in the law.

 (b)  Redaction. In response to a request, the Committee may redact certain information, as required under section 706 of the law (63 P. S. §  67.706).

 (c)  Record disposal. For those requested legislative records that are produced and available for delivery at the Committee, the requester shall have 60 days to retrieve the records. If the records are not retrieved within 60 days of the Capitol Preservation Committee’s response, the Committee may dispose of any copies which have not been retrieved and retain any fees paid to date.

 (d)  Creation of records. In response to a request for access, the Committee will not create a record which does not currently exist and is not required to compile, maintain, format or organize a record in a manner in which the Committee does not currently compile, maintain, format or organize records.

§ 701.16. Mass requests.

 If the open-records officer determines that a mass request places an unreasonable burden on the Committee, in an analogous manner to that described in section 506(a)(1) of the law (63 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; will respond to individual requests submitted in writing; and, if the request is granted, will make the legislative record accessible at the Committee.

   (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 §  701.15 (relating to processing).

§ 701.17. Fee schedule.

 (a)  General rule. The following apply:

   (1)  With the exception of blueprints, the fee for copying 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 25¢ per page.

   (5)  The fee for providing documents on a compact disc is $5.

   (6)  The fee for copying blueprints is the cost incurred by the Committee to have the blueprints copied by an outside vendor, as the Committee does not have the means to copy blueprints. The fee will include not only the charge assessed by the outside vendor, but also any cost necessarily incurred for complying with the request.

 (b)  Payment.

   (1)  Except as set forth in paragraph (2), payment arrangements shall be made between the requester and the open-records officer.

   (2)  Under section 1307(h) of the law (65 P. S. §  67.1307(h)), if the total fee exceeds $100, payment must be made prior to the initiation of the providing of the document. If prepayment is required, the payment should be in the form of cash or a certified check or money order made payable to ‘‘Capitol Preservation Committee’’ in the total amount of the fee.



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