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04/11/2021 09:57 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=30257
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: September 10, 2019 09:46 AM
From: Representative Jesse Topper
To: All House members
Subject: Vexatious Requestors
 
Agencies frequently report that they are consumed by burdensome Right-To-Know Law requests. While most of these burdensome requests come from valid requestors, some of these requestors have been identified as having vexatious intent with their requests.

My legislation will allow an agency to petition the Office of Open Records (OOR) for relief from a requestor that the agency alleges is a vexatious requestor. If the Executive Director (ED) of the OOR determines that further proceedings are warranted, the ED must pursue a resolution through mediation or a hearing. The ED must put out a final opinion with appropriate relief that includes, but is not limited to, an order that the agency does not need to comply with future requests from the vexatious requestor for no more than one year.

Additionally, my legislation will direct the court to award reasonable attorney fees and costs if the agency receiving the request is found to be abusing this system.

Please join me in alleviating some of these burdensome vexatious requests that bog down our Right-To-Know request system thus making it harder for the good people of this Commonwealth to receive the information that they need.



Introduced as HB1931