Usually, Pennsylvania residents can request records about budget waivers under the Right-to-Know Law (RTKL), but access depends on which agency holds the records and whether a legal exception applies. Records documenting a completed approval are not automatically hidden just because related internal discussions may be protected. This article concerns budget administration and appropriation waivers, such as extending an appropriation’s lapse date—not Medicaid or other program waivers.
What Pennsylvania’s Right-to-Know Law makes accessible
The Pennsylvania Office of Open Records says, “Under the current RTKL, all state and local government agency records are presumed to be public.” The presumption is not absolute: an agency may withhold information under the RTKL, another law or regulation, privilege, or a court order. The agency bears the burden of establishing a valid basis for withholding.
![Guide to the published archives of Pennsylvania : covering the 138 volumes of Colonial records and Pennsylvania archives, series I-IX 1949 [Hardcover]](https://m.media-amazon.com/images/I/51sjgH7JsiL._SL160_.jpg)
![Summary guide to the Pennsylvania State archives. Compiled by Frank B. Evans and Martha L. Simonetti. Edited by Donald H. Kent. 1963 [Leather Bound]](https://m.media-amazon.com/images/I/31gqE8kgIYL._SL160_.jpg)
As an Amazon Associate I earn from qualifying purchases.
The statute defines a record as information that documents an agency transaction or activity and was created, received, or retained pursuant to law or in connection with agency business. A waiver request, approval, accounting record, or related communication may qualify if it meets that definition and is held by an agency. The Office of Open Records explains the presumption and exceptions in its About the Right-to-Know Law page; the statutory definition appears in Pennsylvania’s RTKL.
Can Pennsylvania withhold a budget waiver as predecisional?
Sometimes, but the exception is about protected deliberation—not a blanket rule that every record connected to a budget waiver is confidential. The RTKL allows an agency to withhold “[t]he internal, predecisional deliberations of an agency,” including deliberations relating to a budget recommendation, legislative proposal, contemplated or proposed policy, or course of action.
#1 Best Overall
That language can cover material reflecting internal discussion before a decision. It does not establish that every draft is exempt, nor does it automatically shield a final approval or a record documenting implementation. The agency must assess the actual record and any applicable protections. If only some portions are nonpublic, the Office of the Budget says it will redact those portions rather than withhold the entire record solely for that reason. The statutory exception is in Section 708 of the RTKL; the Office of the Budget describes its redaction policy in its Right-to-Know Law policy.
What a public waiver example shows—and what it does not
A Pennsylvania Public School Employees’ Retirement System (PSERS) FY 2021–22 budget hearing report describes historical approvals to extend appropriation lapse dates. It says PSERS received approval to waive $3,675,800 and $1,714,082 from FY 2018–19 administrative and defined-contribution appropriations by extending the lapse date to June 30, 2020. It also reports approval to waive $949,600 from the FY 2019–20 defined-contribution appropriation, extending its lapse date to June 30, 2021.
These are historical figures reported by PSERS, not current waiver totals. The report is a concrete example of waiver approvals being described in a public agency report; it does not prove that every agency follows the same process or publishes the same details. See the PSERS FY 2021–22 Budget Hearing Report.
Windows Errors? Fix Them Before They Spread
Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallOutdated Drivers Are Slowing You Down
One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchWhere to request a Pennsylvania budget waiver record
Send the request to the agency that holds the record. If you do not know which office handled the waiver, identify the agency, appropriation or program, and fiscal year as precisely as possible. Office of the Budget procedures apply to records held by that office; another agency may have its own records officer and process.
For records held by the Office of the Budget
- Check what is already published. Search the Office of the Budget’s Publications and Reports pages first. The office also points to public contract sources for some procurement records.
- Write a specific RTKL request. Identify the records sufficiently for the office to locate them, state that the request is under the RTKL, include your name and a U.S. mailing address for the response, and submit it in writing to the Office of the Budget’s Agency Open Records Officer. The office’s RTKL policy says verbal requests may be fulfilled, but a requester cannot pursue RTKL remedies unless the request is written. It also limits requesters to legal residents of the United States.
- Ask for records the office maintains. The Office of the Budget says it is not required to create a record or reorganize data into a format it does not maintain. You may request electronic copies in the format in which responsive records are kept.
You can adapt this wording: “Under Pennsylvania’s Right-to-Know Law, please provide the final approval, waiver request, and records documenting any extension of the lapse date for [appropriation/program and fiscal year], including the date of approval and the approving office. Please provide responsive records in the electronic format in which they are maintained, and redact only portions the agency determines are exempt.” Specificity helps the agency locate records; it does not guarantee that every requested item will be disclosed.
For records held by another agency
Direct the request to that agency’s Agency Open Records Officer rather than assuming the Office of the Budget holds every approval or supporting record. The RTKL applies to records an agency holds; the proper custodian can depend on the waiver and the agency’s role.
Rank #4
- 3-item essential Pennsylvania notary bundle: a custom stamp, standard record book, and black supply bag
- Black-bodied self-inking stamp; create 2.3Wx0.81H inch rectangular stamps in black ink
- Durable, black vinyl bag neatly fits all notary supplies
- Modern Journal
If the Office of the Budget denies the request
The Office of the Budget’s policy says an appeal of its denial or deemed denial must be filed with the Pennsylvania Office of Open Records within 15 business days. Explain why the requested record is public and address the agency’s stated reasons. The policy describes including the request, the agency’s response, and the appeal form, and sending the appeal to the agency as well. Confirm current submission instructions on the Office of Open Records appeal instructions before filing.
What’s actually slowing this PC down?
Pick the symptom - the matching free tool is one click away.
Quick Recap
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
