With the affidavit of nonexistence of record, the Department of Health met its burden of proof that the requested records did not exist in its possession and was only required to produce the records that were requested. Order denying petitioner's appeal affirmed.
November 08, 2011 at 10:00 AM
1 minute read
Hodges v. Pa. Dep’t of Health, PICS Case No. 11-4382 (Pa. Commw. Aug. 26, 2011, reported Oct. 26, 2011) Leavitt, J. (8 pages).
With the affidavit of nonexistence of record, the Department of Health met its burden of proof that the requested records did not exist in its possession and was only required to produce the records that were requested. Order denying petitioner’s appeal affirmed.
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