Subchapter C. APPELLATE PROCEDURE
Sec.
31.21. Administrative Agency Law.
31.22. Appeals officer.
31.23. Parties.
Cross References This subchapter cited in 101 Pa. Code § 31.3 (relating to cooperation); and 101 Pa. Code § 303.22 (relating to practice and procedure).
§ 31.21. Administrative Agency Law.
(a) Authority. This section constitutes the adoption of practice and procedure provisions under section 1309 of the law (65 P. S. § 67.1309).
(b) Adoption.
(1) Except as set forth in subsection (c), the provisions of 2 Pa.C.S. Chapter 5, Subchapter A and Chapter 7, Subchapter A (relating to Administrative Agency Law) apply to appeals under this subchapter.
(2) This subsection applies notwithstanding 2 Pa.C.S. § 501(a) (relating to scope of subchapter).
(c) Exceptions.
(1) Testimony will be recorded, and a transcript will only be produced if there is an appeal under section 1301(a) of the law (65 P. S. § 67.1301(a)). This paragraph applies notwithstanding 2 Pa.C.S. § 504 (relating to hearing and record).
(2) The provisions of 2 Pa.C.S. § 508 (relating to notice to Department of Justice) do not apply.
§ 31.22. Appeals officer.
(a) Status. Under section 503(c)(1) of the law (65 P. S. § 67.503(c)(1)), the following apply:
(1) Except as set forth in paragraph (2), the Bureau will provide appeals officers for appeals from all legislative service agencies.
(2) For an appeal from a denial by the open-records officer of the Bureau, the Bureau will arrange with a nonadjudicative legislative service agency to provide an appeals officer.
(b) Requirements.
(1) The appeals officer must be an attorney at law.
(2) Except as set forth in paragraph (3), the appeals officer may be an employee of or an individual under contract with one of the following:
(i) The Bureau for an appeal under subsection (a)(1).
(ii) The nonadjudicative legislative agency for an appeal under subsection (a)(2).
(3) The appeals officer will be an individual under contract with the Bureau for an appeal from a denial by the open-records officer of the Legislative Reapportionment Commission.
§ 31.23. Parties.
(a) Original.
(1) Under section 1101(a)(1) of the law (65 P. S. § 67.1101(a)(1)), an appeal may be made by a requester with respect to any of the following:
(i) A request denied under section 903 of the law (65 P. S. § 67.903).
(ii) A request deemed denied under section 901 of the law (65 P. S. § 67.901).
(2) Under section 1101(c) of the law, a party with a direct interest in the information subject to the appeal may intervene in the appeal.
(b) Procedure.
(1) A party under subsection (a) must file two copies of the appeal or petition to intervene with the Bureau. The copies must be in writing. Electronic filing is not permitted. For an appeal under subsection (a)(1)(i), the appeal or petition must refer to any disputed factual or legal matter in the denial under section 903 of the law.
(2) Upon receipt of the filing under paragraph (1), the Bureau will send a copy to the open-records officer whose denial or deemed denial is being appealed.
(3) The appeals officer may schedule an informal conference with the parties to attempt to resolve the matter.
(c) Submission on documents. Except as set forth in subsection (d), the appeal will be resolved under section 1102(b)(1) of the law (65 P. S. § 67.1102(b)(1)), based on the following:
(1) The appeal under section 1101(a)(1) of the law.
(2) The denial under section 903 of the law.
(d) Hearing.
(1) A hearing will be held on an appeal if the appeals officer determines that there is good cause for a hearing.
(2) Under section 1102(b)(2) of the law, a hearing is subject to 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(e) Determination. Under section 1102(a)(4) of the law, the appeals officer will issue a final determination. The final determination will consist of the following:
(1) Title. Identification of the requester and the legislative agency.
(2) Procedural history.
(i) Recital. A brief recital of the facts up to disposition by the open-records officer.
(ii) The disposition by the open-records officer. This subparagraph includes a denial under section 903 of the law and a deemed denial under section 901 of the law.
(3) Factual findings. Resolution of disputed facts.
(4) Legal conclusions. Includes cited authority.
(5) Order. An order affirming the denial or granting the request, in whole or in part. An order under this paragraph is subject to judicial review under Chapter 13 of the law (65 P. S. § § 67.1301—67.1310).
Source The provisions of this § 31.23 amended December 18, 2015, effective December 19, 2015, 45 Pa.B. 7174. Immediately preceding text appears at serial pages (376666) to (376668).
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