Richtlinie IUP Right to Know (2023)

PDF to download:

• Interactive request form for the right to information
• University Records Retention Policy

Indiana University of Pennsylvania public records requests under the Right-To-Know Act, as amended, 65 P.S. 67.101 and following are governed by the following policies:

A. Orders

1. Requests for information under the Right to Know Act must be made in writing to the designated Agency Open Records Officer. The application can be submitted in person, by post, by e-mail or by fax. Oral or verbal requests will not be accepted.
2. Each request must include the name of the requestor and the address to which the reply will be sent. The request must identify or describe the requested records with sufficient detail to allow the government system to verify which records are requested.
3. The Open Records Officer may ask the requester the reason for the request or intended use of the records to help identify records that are actually relevant to the requester. The state system shall not insist on the submission of such a declaration, nor shall it use the absence of such a declaration as a reason for rejecting the application.

B. Transmission of Requests for Information

1. All requests to Indiana University of Pennsylvania under the Right to Know Act must be submitted in writing to:

   Bickley-Felsen
   Agency Open Records Officer
   Indiana University of Pennsylvania
   1011 on Dr.
   Salon G4 Sutton
   Indiana, PA 15705
   Fax: 724-357-2685
   rtk-request@iup.edu

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   Applications can be submitted in person or sent by post to the above address. Inquiries can also be made by email or fax.

2. If an application is served on anyone other than the Open Records Officer, it must be filed with the Open Records Officer within a reasonable time. The five business day period for a response to the request begins once the request is received by the designated Open Records Officer.
3. The Open Records Officer will notify the applicant of receipt of the application, including the date it is deemed to have been received.

C. Obligation of the state system to respond promptly to requests for information

1. Upon receipt of a written request, the government system will make a good faith effort to determine whether the requested record is a public record and will respond as quickly as possible based on the circumstances existing at the time of the request. This period shall not exceed five (5) business days from the date the Open Records Officer receives the written request. If the state system does not respond within this period, the request is considered rejected.
2. The state system may inform the applicant, in accordance with the provisions of the law, that an additional period of time is required to comply with a particular request. Such extension shall not exceed thirty (30) calendar days, unless otherwise agreed by the applicant. If the state system fails to provide a final response in a timely manner according to the deadline extension, the application will be considered rejected. The Open Records Officer will notify the applicant in writing within five (5) business days of the need for an extension. The notice must include a statement informing the applicant that the request for access is being reviewed, the reason for the review and a reasonable date by which a response is expected, and an estimate of the applicable fees that are due when the recording is available.

D. Processing of Requests for Information

1. Upon receipt of a written request for information, the Open Records Officer must do the following:
   1. Order date stamp.
   2. Assign a tracking number to the request.
   3. Estimate the day when the five business day deadline will expire and write that date on the first page of the application.
   4. Notify the applicant of the receipt of the application.
   5. Make an electronic or paper copy of the application, including all documents submitted with it and the envelope (if applicable) in which it was received.
   6. Create an official file containing the original request.
2. To determine the five business day period:
   1. A business day is any Monday, Tuesday, Wednesday, Thursday or Friday, excluding days when the agency offices are closed in whole or in part due to a national holiday or due to inclement weather (e.g. snow storm or ice storm). ) ; due to natural or other disasters; or as requested or directed by any local, state or federal government or law enforcement agency.
   2. Inquiries can be made during normal business hours from 8am to 5pm. m. until 4:00 p.m. m. requests received after 4:00 p.m. are deemed to have been received on the next working day.
   3. The day the order is received (or deemed to have been received) will not be counted in determining the expiry of the 5 business day period; The first day of the five business day period is the next business day of the agency.

E. Initial Review of Right-to-Know Officer

Upon receipt of a request for information, the Open Records Officer must review it immediately. The purpose of this review is to determine the following:

1. If the order has an obvious defect that justifies its refusal without further examination. Such defects include:
   
   1. The documents requested by the applicant are not identified with sufficient certainty.
   2. The records identified clearly do not fall within the Act's definition of "public records".
   3. The identified records undoubtedly fall under one of the statutory exceptions to the law at 65 P.S. 67708 for the definition of "public records".
   4. The Open Records Officer has personal knowledge that the identified records do not exist.
   5. The Open Records Officer has personal knowledge that the records identified are not owned or controlled by the Authority.
   6. Whether the application can be granted without further ado. For example, if the Open Records Officer knows the requested documents exist and are public records and can be accessed immediately, then no further verification is required.
   7. Whether the request involves a right protected by the Pennsylvania or United States constitution, including but not limited to the constitutional right to privacy. If the Open Records Officer concludes that the application implies such a right, he or she should consult an attorney to consider the balance between the applicant's interest in access to the records and constitutionally protected interests.
2. After completing this initial verification, the RTI officer may contact (or attempt to contact) the applicant for clarification or additional information.
3. If the Open Records Officer determines that the application should be denied for any of the reasons set out in (1) above, he or she will promptly draft a proposed denial letter. This letter must state any reasons that the employee with access rights considers a reasonable reason for the refusal.

F. Responses in general

1. The act of providing an applicant with physical access to a document in the offices of a government agency is a “response” within the meaning of the Right to Know Act.
2. If available, a record will be provided on the medium requested by the applicant (ie electronic file if the information is already available on this form). There is no need to convert a recording to a medium other than that on which it is kept.
3. A requestor may view original records by making an appointment with the Open Records Officer during business hours, or request paper copies, which will be made available for a fee set by the Open Records Office. The fee may be waived at the discretion of the person entitled to information.
4. The government system does not create public records that do not already exist, and does not create, maintain, format, or organize public records in a way that the agency does not currently do.

G Answers

1. Response Types.
   1. The application is granted in full.
   2. The application is rejected in its entirety.
   3. The request is partially granted.
2. Considered rejections. Failure to respond in a timely manner will be considered a refusal.
3. Definitive responses to deferred requests.
   1. A written request for registration will be granted if the requested registration falls within the statutory definition of “public records”.
   2. Written responses to inquiries may be in any format permitted by law (mail, fax, email, etc.).
4. Final decisions in which applications are rejected in whole or in part.
   1. A written response to a denial of an application must list any specific reasons given for the denial of the application.
   2. If an application is denied in whole or in part, the written response must also include a notice informing the applicant of their right to appeal to the Office of Open Records.
   3. Any final written response justifying a refusal, in whole or in part, must include the following:
      1. Name, title, business address, business phone number, and signature of the government official or official under whose authority the refusal was issued.
      2. The words "Sent Date" followed by the date the reply was sent.
      3. An explanation of the process that the applicant can follow to lodge a complaint against the rejection.
   4. reasons for rejection. A written request for access to, or a copy of, a recording may be denied if any of the following circumstances exist:
      1. The applicant has not identified any of the requested records with sufficient specificity.
      2. The record does not exist.
      3. The applicant has not prepaid the cost of fulfilling the application if the estimated cost exceeds $100.
      4. The record in question does not meet the statute's general definition of a "public record".
      5. The record in question falls under one or more statutory exceptions in the Act to the definition of "public records." 65HP 67.708.
      6. The request constitutes a disruption request under 65 P.S. 67.506(a) or the order may be revoked due to a disaster or potential damage under 65 P.S. not be granted. 67.506(b).

write H

1. Redaction means removing part of a document and keeping the rest. The wording must be such as to prevent the applicant from accessing the information being processed.
2. If a public record is found to contain accessible information and non-accessible information, the Right-To-Know Act requires the response to grant access to the accessible information but deny access to the inaccessible information.
3. Before submitting a Response, the Office of the Chief Counsel or his designee will review any Response that contains information that requires redacting.

I. Complaints

1. Right to Complaint.
   1. An appeal against a denial must be filed with the Office of Open Records within 15 business days of the date the denial was submitted in writing.
   2. An appeal against a deemed denial must be filed with the Office of Open Records within 15 calendar days of the date the claim is deemed denied.

J. Fees and Charges

1. Any duplication fees charged will be based on the fee structure establishedOpen the archive.