If the Open Records Officer responds to a requester that a copy of the requested record is available for delivery at the College’s offices, and the requester does not retrieve the record within sixty (60) days of the College’s response, the College shall dispose of the copy and retain any fees paid to date. N OTIFICATION TO T HIRD P ARTIES When the College produces a record that is not a public record in response to a request, the Open Records Officer shall notify any third-party that provided the record to the College, the person that is the subject of the record and the requester. The Open Records Officer shall notify a third-party of a record request if the requested record contains a trade secret or confidential proprietary information, in accordance with law and regulations. D ENIAL OF R EQUEST If the Open Records Officer denies a request for access to a public record, whether in whole or in part, a written response shall be sent within five (5) business days of receipt of the request. The response denying the request shall include the following: • Description of the record requested. • Specific reasons for denial, including a citation of supporting authority. • Name, title, business address, business telephone number and signature of the Open Records Officer on whose authority the denial was issued. • Date of the response. • Procedure for the requester to appeal a denial of access. The Open Records Officer may deny a request for access to a record if the requester has made repeated requests for the same record and the repeated requests have placed an unreasonable burden on the College. The Open Records Officer may deny a request for access to a record when timely access is not possible due to a disaster, or when access may cause physical damage or irreparable harm to the record. To the extent possible, a record’s contents shall be made accessible even when the record is physically unavailable. Information that is not subject to access and is redacted from a public record shall be deemed a denial. A PPEAL OF D ENIAL If a written request for access to a public record is denied or deemed denied, the requester may file an appeal with Pennsylvania’s Office of Open Records within fifteen (15) business days of the mailing date of the Open Records Officer’s response or deemed denial.
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