From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania NewsMedia Association

Q: An agency requested an additional 30 days to respond to my RTKL request. Their estimated response date gives them 30 business days to produce a final response. Which is correct: 30 business or 30 calendar days for agency’s time extension?

A: The Right to Know Law allows agencies to extend their response time by 30 calendar days in appropriate circumstances.

Section 901 of the Right to Know Law requires agencies to respond, in writing, to written requests for records as promptly as possible, but not to exceed 5 business days. Within that time, an agency must respond by granting access, denying access or when appropriate under section 902, requesting an additional 30 calendar days to respond.

An agency can request additional time in a number of circumstances, including the need for redaction, legal review, bona fide and specified staffing limitations, remote storage of records, failure to follow agency RTKL procedure, failure to pay applicable fees, or where the nature of the request requires additional time. 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 agency informs the requestor that the response will take more than 30 additional calendar days and the requestor does not agree to a further extension, the request is deemed denied and the requestor can pursue an appeal immediately.

The Office of Open Records’ website includes “Tips from the Executive Director,” which clearly illustrates the 30 calendar day rule. You can read the document here.