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Generally, yes: Pennsylvania residents can request government records about budget waivers under the Right-to-Know Law (RTKL). Whether a particular record is released depends on whether an agency holds it and whether a legal exception applies. An agency may withhold protected internal deliberations, but that does not automatically make every final approval or record of implementation secret.
What counts as a budget-waiver record?
“Budget waiver” can refer to different processes. This article concerns budget administration and appropriations, such as extending an appropriation’s lapse date—not Medicaid or other program waivers.
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The RTKL defines a record in terms of 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 law does not require an agency to produce a record it does not have. Pennsylvania RTKL, Section 102.
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The Pennsylvania Office of Open Records says, “Under the current RTKL, all state and local government agency records are presumed to be public.” The agency bears the burden of establishing a valid basis to withhold a record. That basis may come from the RTKL, another law or regulation, privilege, or a court order. Pennsylvania Office of Open Records, About the Right-to-Know Law.
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Internal deliberations may be exempt
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. Pennsylvania RTKL, Section 708(b)(10).
The distinction is record-specific: material revealing protected internal deliberation may be withheld, while a completed approval or implementation record is not automatically covered just because it concerns a budget decision. Nor does a draft label by itself settle whether a record is exempt; the agency must assess the actual material and any applicable protections.
Some portions may be redacted
The Office of the Budget’s RTKL policy says it will redact portions that are not public rather than deny an entire record solely because some portions are nonpublic. It is not required to create a record or reorganize information into a format it does not maintain. Pennsylvania Office of the Budget, Right-to-Know Law policy.
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How to request a waiver record
1. Identify the right agency and record
Start with the agency that likely holds the records. Specify the agency, appropriation or program, fiscal year, and the particular action or communications sought. Office of the Budget procedures apply to records held by that office; another agency may have its own open-records officer and process.
2. Search for material already online
The Office of the Budget directs requesters to check its Publications and Reports pages first. It also points to public contract sources for some procurement records. Office of the Budget RTKL policy and resources.
3. Submit a written RTKL request
For the Office of the Budget, send a written request to its Agency Open Records Officer. The policy says a request should identify records sufficiently for the agency to locate them, state that it is made under the RTKL, and include a name and U.S. mailing address for the response. Although the office may fulfill a verbal request, a requester cannot pursue RTKL remedies unless the request is in writing. The policy limits requesters to legal residents of the United States. Check the office’s current instructions and contact details before submitting. Office of the Budget RTKL policy.
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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 or 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.
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This wording helps identify the records sought but does not guarantee that every responsive item will be released.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A public example of a budget waiver approval
The Pennsylvania Public School Employees’ Retirement System’s 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. The report also records approval to waive $949,600 from the FY 2019–20 defined-contribution appropriation by extending its lapse date to June 30, 2021. These figures document that report’s historical examples; they are not current waiver totals or evidence that every agency follows the same process. PSERS Board Meetings and reports.
What to do if the Office of the Budget denies the request
Under the Office of the Budget’s policy, an appeal of a 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 response, and the appeal form, and sending the appeal to the agency as well. Confirm current filing instructions on the OOR website before appealing. Office of the Budget RTKL policy; Office of Open Records appeal instructions.
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