Section 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).

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).