Q: How does the RTKL 5-business day response rule apply to agencies that are only open on a part-time basis?

A: It is important to understand that the RTKL is not required to access public records, and when records are clearly public, the RTKL process causes unnecessary delay and wastes public resources. When records are clearly public, the agency can, and should, provide access informally, outside the context of the RTKL process. If an agency insists on using the RTKL process, the law requires a response, in writing, “as promptly as possible under the circumstances…but not longer than 5-business days from the date a request is received.” Within that time, an agency must respond by granting access, denying access and explaining why and how to appeal, or if appropriate, by requesting an additional 30 calendar days in which to respond. 

When an RTKL request is necessary, the Office of Open Records (OOR) has held that the 5-business day rule only counts the days that an office is open and staffed. The OOR addressed the issue in response to a request for advisory opinion. 

In practice, if an agency is only open three days per week, Monday, Tuesday and Thursday, for example, calculation of the 5-business days would count Monday, Tuesday and Thursdays only. The 30-day extension is based on calendar days and does not consider the agency’s operating schedule. 

Obviously, this application of the rule can extend the time for response well beyond the typical Monday-Friday 5-business day work week. It is important to remember that if an agency fails to respond to a request in writing within the 5-business days allowed by law, a request is deemed denied and can be appealed to the appropriate appeal office, most commonly the Office of Open Records. 

This is not intended to be, nor should it be construed as, legal advice.  Please contact your news organization’s attorney or the PNA Legal Hotline at (717) 703-3080 with questions.