Right to Know Law Policy
 
To provide procedures and fees for requesting, inspecting and obtaining copies of public records maintained by the Pennsylvania Department of Banking and Securities (Department) pursuant to the Pennsylvania Right-to-Know Law, 65 P.S. 67.3104 (RTKL) and Management Directive 205.36 (Amended).

Requests
A written request for access to records may be submitted in person (during normal business hours), by mail, email or facsimile. Your request should identify or describe the records sought with sufficient specificity to enable the department to ascertain which records are being requested; from which office(s) the request is being made (if possible); and the name and address to which the department should address its response to you. You can also download, fill out and submit the Standard Right-to-Know Law Request Form.

Requests for records should be addressed to the Department Officer. Requests can be delivered (during normal business hours) or mailed to:

Rebecca R. Doane
Agency Open Records Officer
Department of Banking and Securities
17 N. 2nd Street
Suite 1300
Harrisburg, PA 17101

Requests may be sent via facsimile to 717-705-5492.

Requests may be emailed to: rtklbnkg@pa.gov.

Your request must state explicitly , in the subject line of an email and in the written request itself RTKL.

Submittal of a request to any other address, email address or facsimile number does not oblige the department to respond to it, nor can it serve as a basis for the deemed denial of the request.

The Department Officer has the authority to grant or deny physical access to a public record and the discretion to impose reasonable restrictions on the time, place and nature of access.

Requests Regarding Depository Institutions and Non-Depository Licensees
Please be advised that, pursuant to Section 302.A of the Department of Banking and Securities Code (02epartment is broadly prohibited from disclosing most of the records in its possession dealing with depository institutions and non-depository licensees. Therefore, pursuant to Sections 305(a)(3), 306 and 3101.1 of the RTKL, 65 P.S. se records in the departmentOffice of Open Records has upheld department denials of RTKL requests based on Section 302. See OOR Final Determination AP 2011-0342.

Some common requests for records that the department denies based on Section 302 (and other RTKL exceptions) are requests for mortgage licensee examination reports, bank examination reports, mortgage license applications, consumer complaints, Memorandums of Understanding regarding depository institutions, and supporting documentation to applications and orders.

Fees
If your request for records is granted in whole or in part, you will be charged following fees:

  • Copies (a single copy of 8
    • 1-10 photocopies
    • $.10 per page

  • 11 + photocopies
    • $.15 per page

  • Certified Record Surcharge
    • $5.00 per record

  • Redaction
    • $.15 photocopied redacted page

  • PC Diskettes
    • $1.00 per diskette

  • Facsimile/Microfilm/Microfiche/Other Media
    • Actual Cost

  • Postage
    • Actual Cost

The Department may require you to prepay an estimate of the fees listed above if the fees required to fulfill the request are expected to exceed $100.00, including prepayment of delinquent fees from a prior request to any Commonwealth agency. All costs must be paid by check or money order payable to the Department of Banking and Securities.

Exceptions: How to File an Appeal
If your request has been denied in whole or in part you may file an appeal with the Office of Open Records. Exceptions must be filed within 15 business days of the mailing date of the written denial or 15 business days of the mailing date of the Commission

The Office of Open Records
Commonwealth Keystone Building
4th Floor
400 North Street
Harrisburg, PA 17120-0225

All exceptions must be in writing and signed by the requester. The exceptions shall specifically state grounds why the records sought are public and shall address the reasons stated by the department for denying the request. An appeal form can be downloaded here from the Office of Open Records.

All appeals must include your full name, address, telephone; and a concise statement of relevant facts including:

  • Name, title, address and telephone number of the department request;
  • Description of records requested;
  • Date of the Right-to-Know request;
  • Date of any response or the date the response was deemed denied;
  • Statement of the grounds upon which you assert that the record is a public record;
  • Statement addressing any grounds stated by the department for delaying or denying the request;
  • Copy of any pertinent correspondence; and
  • Statement that all material provided by the department has been submitted with the appeal.

You must submit two copies of the material to the Office of Open Records. You must also submit a copy of your appeal to the Department of Banking and Securities Right to Know Officer.

Questions
Questions regarding the appeal procedures may be directed to the Office of Open Records at 717-346-9903 or email:
openrecords@pa.gov.

Learn about Pennsylvania
http://openrecords.state.pa.us.