Subchapter C. APPELLATE PROCEDURE
Sec.
201.21. Administrative Agency Law.
201.22. Appeals examiner.
201.23. Parties.§ 201.21. Administrative Agency Law.
(a) Authority. This section constitutes the adoption of practice and procedure provisions under section 1309 of the law (65 P. S. § 67.1309).
(b) Adoption.
(1) Except as set forth in subsection (c), the provisions of 2 Pa.C.S. Chapter 5 Subchapter A and Chapter 7 Subchapter A (relating to Administrative Agency Law) apply to appeals under this subchapter.
(2) This subsection applies notwithstanding 2 Pa.C.S. § 501(a) (relating to practice and procedure).
(c) Exceptions.
(1) Testimony will be recorded. A transcript will only be produced if there is an appeal under section 1301(a) of the law (65 P. S. § 67.1301(a)). This paragraph applies notwithstanding 2 Pa.C.S. § 504 (relating to hearing and record).
(2) The provisions of 2 Pa.C.S. § 508 (relating to notice to Department of Justice) do not apply.
§ 201.22. Appeals examiner.
Under section 503(c)(2)(i) of the law (65 P. S. § 67.503(c)(2)(i)), the following apply:
(1) Except as set forth in paragraph (2), the Appeals Officer may provide appeals examiners for all appeals to make final recommendations for adoption by the Appeals Officer.
(2) For an appeal from a denial by the open-records officer of a record in the custody of the Appeals Officer, the House will provide an Appeals Officer pursuant to the provisions of 101 Pa. Code Chapter 31 (relating to Right-to-Know Law).
§ 201.23. Parties.
(a) Original.
(1) Under section 1101(a)(1) of the law (65 P. S. § 67.1101(a)(1)), an appeal may be made by a requester with respect to any of the following:
(i) A request deemed denied under section 903 of the law (65 P. S. § 67.903).
(ii) A request deemed denied under section 901 of the law (65 P. S. § 67.901).
(2) Under section 1101(c) of the law, a party with a direct interest in the information subject to the appeal may intervene in the appeal.
(b) Procedure.
(1) A party under subsection (a) must file two copies of the appeal or petition to intervene with the appeals officer. The copies must be in writing. Electronic filing is not permitted. For an appeal under subsection (a)(1)(i), the appeal or petition must refer to any disputed factual or legal matter in the denial under section 903 of the law.
(2) Upon receipt of the filing under paragraph (1), the appeals officer will send a copy to the open-records officer whose denial or deemed denial is being appealed.
(3) The appeals officer may schedule an informal conference with the parties to attempt to resolve the matter or any factual disputes.
(c) Submission on documents. Except as set forth in subsection (d), the appeal will be resolved under section 1102(b)(1) of the law (65 P. S. § 67.1102(b)(1)), based on the following:
(1) The appeal under section 1101(a)(1) of the law.
(2) The denial under section 903 of the law.
(d) Hearing.
(1) A hearing may be held on an appeal only as follows:
(i) The appeal is of a deemed denial under section 901 of the law.
(ii) The requester alleges willful misconduct under section 1304(a)(1) of the law (65 P. S. § 67.1304(a)(1)).
(iii) In the denial, the open-records officer rules that the request is frivolous under section 1304(b) of the law.
(iv) The appeals officer or appeals examiner determines that there is good cause for a hearing.
(2) Under section 1102(b) of the law, a hearing is subject to 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(e) Determination. Under section 1102(a)(4) of the law, the appeals officer will issue a final determination. The final determination will consist of the following:
(1) Title. Identification of the requester.
(2) Procedural history.
(i) A brief recital of the facts up to disposition by the open-records officer.
(ii) The disposition by the open-records officer. This subparagraph includes a denial under section 903 of the law and a deemed denial under section 901 of the law.
(3) Factual findings. Resolution of disputed facts.
(4) Legal conclusions. This includes cited authority.
(5) Order. An order affirming the denial or granting the request, in whole or in part. An order under this paragraph is subject to judicial review under Chapter 13 of the law (65 P. S. § § 67.1301—67.1310).
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