- Courts & Criminal Justice
- Open Records
- Acting Upon a Request
Open Records Act
ACTING UPON A REQUEST
Upon receiving a request the open records officer shall:
note the date of receipt on the request,
note when the five business days for response is due on the request, and
maintain a copy of the request and any supporting documentation until any appeals
All applicable fees must be paid by the requester prior to the duplication and receipt of the requested records.
Failure of the open records officer to respond within the 5 days shall be deemed a denial of the request.
The open records officer may notify the requester that a response will take more than 5 days if any of the following apply:
request requires redaction,
request requires retrieval of information from a remote location,
bona fide and specified staffing limitations,
requester has not complied with the access requirements,
requester refused to pay applicable fees,
extent or nature of request requires additional time.
If the response will take more than an additional 30 days the requester must agree to the extension of time. If there is no agreement the request shall be deemed denied. If the open records officer has not responded within the time extension the request shall be deemed denied the following day.
Additionally the open records officer may respond to a request by notifying the requester that the record is available through electronic means. If the requester is unable or unwilling to access the record electronically, the requester may within 30 days of such notification submit a written request to have the record converted to paper. The open records officer has five days to provide the record in paper format.
A request may be denied in part and granted in part.
Denials shall be issued in writing and shall include:
a description of the record requested,
specific reasons for denial, including citation of supporting legal authority,
the typed or printed name, title, business address, business telephone number and
signature of open records officer denying the request,date of response, and
procedure to appeal.
Appeals to denials may be filed within 15 days to the Commonwealth’s Open Records
Office or court. Appeals on criminal investigatory documents will be handled by
the county district attorney’s appeals officer.