From the PNA Legal Hotline

By Teri Henning, General Counsel
and Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association
Q: An agency requested an additional 30 calendar days in which to respond to my Right to Know Law request. On the 30th day, I received a letter stating that the records are public but the agency will take an additional three months to compile and copy them due to staffing limitations. Can the agency extend their time for response like that?

A: Not unless you agree to grant the agency additional time.

The Right to Know Law requires agencies to respond, in writing, to written requests for records as promptly as possible but not to exceed five business days. Within that time, an agency must respond by granting access, denying access or when appropriate, by requesting an additional 30 calendar days in which to respond.

Section 902(b) of the Right to Know Law states that when an agency requests an additional 30 calendar days, the agency must notify the requestor that the request is being reviewed, the reason for the review, a fee estimate and a reasonable date that a response is expected. If the expected response date exceeds the 30 calendar days permitted by law, the request is deemed denied unless the requestor agrees to an extension in writing.

If the requestor does not agree to an extension of time, the request is deemed denied and the requestor can pursue appellate rights.