OOR Recognizes Mechanism for Agencies to Preemptively Preserve Issues Not Raised in the Initial Denial Letter
Where an agency initially states that a request is insufficiently specific, courts may permit the agency to raise issues not preserved in the denial letter. See PSP v. OOR (George), 995 A.2d 515 (Pa.Cmwlth. 2010) as interpreted by the Office of Open Records in Valenti v. Wyoming Area SD, OOR Docket AP 2010-0639 (Glinn, 8/10/10). As explained in George, where a valid request is included in a laundry list of requested materials, an agency may still raise any claim that access to the valid request should be denied under another provision of the RTKL. But, the George court warns, agencies as a normal practice should raise all objections to access when the request is made if the reason for denying access can be reasonably discerned when the request is made.
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