Denied: Letter written to subject of requester's complaint
May 13, 2009 Filed in: Denied
| Appealed to
court | Dept. of
State | Non-criminal
investigations | Other laws
Denied: A request for a letter
related to a complaint the requester had made to
the Department of State about an osteopathic
doctor.
From
the Pennsylvania Freedom of Information Coalition
Denied: A request for a letter related to a complaint the requester had made to the Department of State about an osteopathic doctor.
The agency had denied the request citing the non-criminal investigation exception.
The requester sought a copy of a letter sent to the doctor he had complained about, after the investigation was closed.
In its ruling, the Office of Open Records notes that the Right to Know Law protects records that would reveal the institution, progress or result of an agency investigation, except the imposition of a fine or civil penalty, the suspension, modification of a license, permit, registration, certification or similar authorization issued by an agency.
It noted that the agency proved that another law – the Medical Care and Reduction of Error Act makes confidential all documents, materials or information utilized solely for an investigation or concerning a complaint.
The OOR ruled that the agency met its burden of proving that the letter sought by the requester is protected pursuant to another law, and is therefore exempt under the Right to Know Law, as the investigation was closed with no disciplinary action taken.
Selig vs. Department of State -- AP 2009-0288
APPEALED TO COMMONWEALTH COURT: June 1, 2009
Denied: A request for a letter related to a complaint the requester had made to the Department of State about an osteopathic doctor.
The agency had denied the request citing the non-criminal investigation exception.
The requester sought a copy of a letter sent to the doctor he had complained about, after the investigation was closed.
In its ruling, the Office of Open Records notes that the Right to Know Law protects records that would reveal the institution, progress or result of an agency investigation, except the imposition of a fine or civil penalty, the suspension, modification of a license, permit, registration, certification or similar authorization issued by an agency.
It noted that the agency proved that another law – the Medical Care and Reduction of Error Act makes confidential all documents, materials or information utilized solely for an investigation or concerning a complaint.
The OOR ruled that the agency met its burden of proving that the letter sought by the requester is protected pursuant to another law, and is therefore exempt under the Right to Know Law, as the investigation was closed with no disciplinary action taken.
Selig vs. Department of State -- AP 2009-0288
APPEALED TO COMMONWEALTH COURT: June 1, 2009