Right to Know

ATA Policy for Making an Open Records Request

Procedure for Requesting Records

• All requests for documents must be a written request submitted on the Pennsylvania Office of Open Records Standard Right-To-Know Request Form. Verbal requests shall not be considered official requests for purposes of the timeframes established by the Right to Know For purposes of defining a “written request” the Authority shall accept requests by email, facsimile, mail or in person pursuant to the regulations outlined herein.

• All requests must be submitted to the Open Records Officer. In no event shall a request be considered officially submitted until received by the Open Records Officer.

• Upon receipt of a written request for a public record, the Open Records Officer shall make a diligent attempt to determine whether such a request involves a public record and whether the Authority is in possession of the subject record.

• Authority shall not be required to create a record which does not currently exist or compile, maintain format or organize a record in a manner not maintained as of the date of the request.

• Authority shall follow the Open Records Law procedures for redaction when appropriate.

Extension of Time

• Authority shall respond to all requests within five business days. In instances of a voluminous request requiring a thirty-day extension as provided under Section 902(a)(7) of the Act, or any other circumstances noted in Section 902 relating to an extension of time, Authority shall advise the requester within five (5) days of the need for additional time. Additional time may be necessary when any of the following factors apply:
• Upon receipt of a written request for access, the open-records officer for an agency shall determine if one of the following applies:
• The request for access requires redaction of a record in accordance with section 706;
• The request for access requires the retrieval of a record stored in a remote location;
• A timely response to the request for access cannot be accomplished due to bona fide and specific staffing limitations;
• A legal review is necessary to determine whether the record is a record subject to access under this act;
• The requester has not complied with the agency’s policies regarding access to records;
• The extent or nature of the request precludes a response within the required time period.
• When an extension of time is necessary under the factors set forth above, the Open Records Officer shall provide the following information:
• The notice shall include a statement notifying the requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for in section 901, the request for access shall be deemed denied unless the requester has agreed in writing to an extension to the date specified in the notice.
• If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if the agency has not provided a response by that date.