Right-to-Know Law • Appeal of Determination • Evidence of Lack of Records in Possession • Scope of Request
Smith Butz LLC v. Pa. Dep’t of Envtl. Prot., PICS Case No. 16-0808 (Pa. Commw. June 17, 2016) Friedman, J. (15 pages).
Department of Environmental Protection (DEP) properly determined that it did not possess records of a notice of violation (NOV) sought by requestor, where responsible department employees attested that the NOV identified by requestor was never issued and that no NOV or other responsive documents existed. Order of the Office of Open Records (OOR) affirmed.
