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PA Bulletin, Doc. No. 22-1893




Amendment of Local Rules of Judicial Administration and Civil Procedure; CP-67-AD-69-2022; 2022-MI-000380; 6722-1132

[52 Pa.B. 7502]
[Saturday, December 10, 2022]

Administrative Order Rescinding York County
Rule of Judicial Administration 509.1 and Amending York County Rule of
Civil Procedure 5090

And Now, this 23rd day of November, 2022, it is Ordered that York County Local Rule of Judicial Administration 509.1 is rescinded and York County Local Rule of Civil Procedure 5090 is amended as indicated, effective January 1, 2023.

 The District Court Administrator shall publish this order as may be required.

By the Court

President Judge

[Rule 5090. Proceedings under Right to Know Law.

Proceedings under the Right to Know law or similar public access legislation shall be as provided in the York County Rules of Judicial Administration.]

Rule 5090. Appeals from Determination of Open Records Appeals Officer.

(1) This Rule applies to appeals filed in response to the determination of appeals officer relating to a decision of a local agency. See 65 P.S. § 67.1302.

(2) The party seeking to appeal shall file a timely Petition for Review which shall contain the following:

(a) The name(s) and address(es) of the party filing the appeal;

(b) The name(s) and address(es) of the local agency upon whom the initial request was served;

(c) The date of the determination by the appeals officer;

(d) A copy of the written determination issued by the appeals officer; and

(e) A concise statement of the reasons for appeal.

(3) A copy of the Petition for Review shall be served upon the local agency and the appeals officer by the appellant via certified United States postage, return receipt requested, postage prepaid. The appellant shall file proof of service within 10 days of filing the Petition for Review. If no proof of service has been filed within 10 days, the Court shall issue a Rule to Show Cause providing appellant 10 days to either file the required proof of service or show good cause as to why the proof of service could not be filed. Appellant's failure to comply with the Rule to Show Cause shall result in the decision of the appeals officer being affirmed.

(4) Upon the filing of a Petition for Review controlled by this Rule, the Administrative Office of York County Courts shall immediately assign the Petition for Review to a judge assigned to the Civil Division.

(5) The local agency, Office of Open Records and/or requestor, as appropriate, may, but is not required to file a response to the Petition for Review. Any response filed shall comply with the requirements of York R.Civ.P. 205.2(a) and may contain a concise statement in response to the concise statement set forth in the Petition for Review.

(6) The local agency shall file the record set forth in 65 P.S. § 67.1303 of record within 20 days of being served with the Petition for Review. A local agency may request an extension of time for filing the record upon good cause shown. The failure of the local agency to file the record as directed herein may subject the local agency to sanctions as set forth in 65 P.S. § 67.1304(c) and/or § 67.1305(b).

(7) The Court shall issue its decision in accordance with 65 P.S. § 67.1302(a) within 30 days of the later of: a) the filing of the proof of service as set forth in section (3), above; or b) the filing of the record as set forth in section (6), above. In complex matters, the Court may extend the time for issuing its decision for an additional 30 days, but must include the complexities which necessitated the extension as part of its decision. If the Court has not issued a decision within this timeframe, the appeal shall be deemed denied by operation of law.

[Pa.B. Doc. No. 22-1893. Filed for public inspection December 9, 2022, 9:00 a.m.]

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