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DEPT. OF PUBLIC WELFARE v. FROEHLICH

No. 2498 C.D. 2010.

29 A.3d 863 (2011)

DEPARTMENT OF PUBLIC WELFARE, Petitioner v. Michael FROEHLICH on behalf of COMMUNITY LEGAL SERVICES, Respondents.

Commonwealth Court of Pennsylvania.

Decided October 11, 2011.

Attorney(s) appearing for the Case

Leonard W. Crumb , Senior Assistant Counsel, Harrisburg, for petitioner.

Michael Froehlich , Philadelphia, for respondents.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

The Department of Public Welfare (Department) appeals an Office of Open Records (OOR) determination granting the appeal of Michael Froehlich (Froehlich) and ordering the Department to provide the requested records to Froehlich at no cost because the Department failed to set forth a non-discriminatory basis for denying Froehlich's fee-waiver request. Because the OOR lacks jurisdiction to hear such appeals, its determination is vacated....

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