Hodges v. Pennsylvania Dep't of Health, 29 A.3d 1190 (Pa. Commw. Ct. 2011). · Go Syfert
Hodges v. Pennsylvania Dep't of Health, 29 A.3d 1190 (Pa. Commw. Ct. 2011). Cases Citing This Book View Copy Cite
127 citation events (127 in the last 25 years) across 1 distinct court.
Strongest positive: E.J. Mueller v. Dept. of Banking & Securities (OOR) (pacommwct, 2026-05-07)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) E.J. Mueller v. Dept. of Banking & Securities (OOR)
Pa. Commw. Ct. · 2026 · confidence medium
To the contrary, [this Court] explained in Hodges [v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011)], that an agency has no duty to perform an exhaustive search of all its files in order to retrieve a record of indeterminate location or classification.
discussed Cited as authority (rule) J. Lynch v. OAG
Pa. Commw. Ct. · 2026 · confidence medium
The agency may carry its burden “with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) D. Lawrence v. Centre County District Attorney Office (2×)
Pa. Commw. Ct. · 2025 · confidence medium
Nor is [an agency] required to compile the record in a new or novel format.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (citing Section 705 of the RTKL, 65 P.S. § 67.705).
discussed Cited as authority (rule) County of Bucks v. M. Brock
Pa. Commw. Ct. · 2025 · confidence medium
Discussion The RTKL is “designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials, and make public officials accountable for their actions.” Hodges v. Pa. Dep't of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) L. Alkhatib v. DOC (OOR)
Pa. Commw. Ct. · 2025 · confidence medium
Id. 4 An agency may satisfy its burden of proving that a record does not exist “with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Pennsylvania Department of Health v. Mahon, 283 A.3d 929 , 936 (Pa. Cmwlth. 2022) (quoting Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011)).
examined Cited as authority (rule) M. Miller v. County of Lancaster (3×)
Pa. Commw. Ct. · 2025 · confidence medium
(R.R. at 155a.) In its accompanying opinion, relying on Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011), and Nguyen Vu v. Pennsylvania Board of Probation and Parole, 200 A.3d 627 (Pa. Cmwlth. 2018), common pleas reasoned that an unsworn attestation by the person who searched for the record is sufficient to meet an agency’s burden, and, absent any evidence showing the existence of the requested records or an agency’s bad faith, averments in an affidavit should be accepted as true.13 In concluding that County had met its burden, common pleas credited Chief …
cited Cited as authority (rule) T. Mutchler and Obermayer Rebmann Maxwell & Hippel v. PA OA (OOR)
Pa. Commw. Ct. · 2025 · confidence medium
Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) D. Young v. Lehigh County D.A.'s Office - OOR
Pa. Commw. Ct. · 2025 · confidence medium
Upon request, an agency is required to disclose information falling within the RTKL’s broad definition of “record.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011); Sections 102 and 901 of the RTKL, 65 P.S. §§ 67.102, 67.901.11 However, “the RTKL is not a forum for the public to demand 11 The RTKL defines “record” as [i]nformation, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agen…
discussed Cited as authority (rule) D. Segelbaum and the York Daily Record v. York County (2×) also: Cited "see"
Pa. Commw. Ct. · 2024 · confidence medium
Upon request, an agency is required to disclose information falling within the RTKL’s broad definition of “record.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011); see Section 102 of the RTKL, 65 P.S. § 67.102.7 However, “the RTKL is not a forum for the public to demand answers to specifically posed questions to either a Commonwealth or local agency.” Walker v. Pa. Ins.
cited Cited as authority (rule) N. Anand v. Com. of PA, PA Ins. Dept.
Pa. Commw. Ct. · 2024 · confidence medium
Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) J.E. Nottingham v. OAG (2×) also: Cited "see"
Pa. Commw. Ct. · 2024 · confidence medium
Additionally, we observe that “an agency may satisfy its burden of proof [under the RTKL] that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (citing Moore, 992 A.2d at 908-909 ); see also RTKL Section 705, 65 P.S. § 67.705 (providing that “[w]hen responding to a request for access, an agency shall not be required to create a record which does not currently exist or to compile, maintain, format or…
discussed Cited as authority (rule) W. Towne v. Allegheny County (2×)
Pa. Commw. Ct. · 2024 · confidence medium
Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
cited Cited as authority (rule) J. Gray v. Philadelphia D.A.'s Office
Pa. Commw. Ct. · 2024 · confidence medium
Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) E.E. Thomas, Jr. v. Lebanon County DA and Lebanon County Open Records Officer
Pa. Commw. Ct. · 2023 · confidence medium
Where an agency determines a requested record does not exist, the agency has “[t]he burden of proving [that the] record does not exist.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
examined Cited as authority (rule) J. & S. Brunermer v. Apollo Borough (5×) also: Cited "see"
Pa. Commw. Ct. · 2023 · confidence medium
Discussion A. Sufficiency of Borough’s Response to RTKL Requests The RTKL is “designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials, and make public officials accountable for their actions.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) C. Hahn v. Wilmington Twp.
Pa. Commw. Ct. · 2023 · confidence medium
(Id. at 6-7.) With respect to affidavits, “[t]his Court has stated that an agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (citing Moore, 992 A.2d at 908 - 09).
discussed Cited as authority (rule) PA Dept. of Health v. E. Mahon & Spotlight PA (OOR)
Pa. Commw. Ct. · 2022 · confidence medium
However, while an agency also has the burden of proving that a record does not exist, “it may satisfy its burden of proof . . . with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011); Moore v. Off. of Open Recs., 992 A.2d 907, 909 (Pa. Cmwlth. 2010) (search of records and sworn and unsworn affidavits that documents were not in agency’s possession are enough to satisfy burden of demonstrating nonexistence).
discussed Cited as authority (rule) E.H. Sharif v. DOS (OOR)
Pa. Commw. Ct. · 2022 · confidence medium
“The burden of proving a record does not exist . . . is placed on the agency responding to the right-to-know request.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
cited Cited as authority (rule) PublicSource and N. Brambila v. PA Dept. of Health (OOR)
Pa. Commw. Ct. · 2021 · confidence medium
Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (citation omitted).
discussed Cited as authority (rule) R.M. Collazo v. PA Gaming Control Board
Pa. Commw. Ct. · 2019 · confidence medium
Nor is it required to compile the record in a new or novel format. [Section 705 of the RTKL,] 65 P.S. § 67.705.” Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011). 8 We exercise de novo, plenary review when considering RTKL appeals stemming from OOR determinations.
discussed Cited as authority (rule) B.L. Wishnefsky v. PA DOC (2×) also: Cited "see"
Pa. Commw. Ct. · 2019 · confidence medium
Hodges, 29 A.3d at 1192 (emphasis added) (citations omitted).
discussed Cited as authority (rule) V. Thomas v. PBPP (2×)
Pa. Commw. Ct. · 2019 · confidence medium
Here, Requester has not raised or sufficiently developed this argument either in his appellate brief or in the proceedings below and, therefore, it is waived. 5 Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) R.M. Collazo v. PA Gaming Control Board
Pa. Commw. Ct. · 2018 · confidence medium
Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2001) (noting that an agency is not required to create a record if the requested record does not exist); see Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa. Cmwlth. 2010) (explaining that the standard is whether the requested record is in existence and in the possession of the Commonwealth agency at the time of the request).
discussed Cited as authority (rule) J. Moore v. Allegheny County District Attorney's Office
Pa. Commw. Ct. · 2018 · confidence medium
Thus, an “agency is not required to create a record if the requested record does not exist[,] [n]or is it required to compile the record in a new or novel format.” Hodges v. Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) G. Dunbar v. PSP
Pa. Commw. Ct. · 2018 · confidence medium
“If the agency responding to the RTKL request determines that the record does not exist, it has ‘[t]he burden of proving [that the] record does not exist.’” Smith Butz, LLC v. Pennsylvania Department of Environmental Protection, 142 A.3d 941, 945 (Pa. Cmwlth. 2016) (quoting Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011)).
cited Cited as authority (rule) G. Ocasio v. PA DOC
Pa. Commw. Ct. · 2018 · confidence medium
Bowling v. Office of Open Records, 75 A.3d 453, 477 (Pa. 2013). 3 2015); Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) B. Moore v. DOC
Pa. Commw. Ct. · 2017 · confidence medium
The Right-to-Know Law is “designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials, and make public officials accountable for their actions.” Hodges v. Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (citation omitted).
discussed Cited as authority (rule) J. Schneller v. Philadelphia District Attorney
Pa. Commw. Ct. · 2017 · confidence medium
“Affidavits are the means through which a governmental agency details the search it conducted for the documents requested ….” Office of the Governor v. Scolforo, 65 A.3d 1095, 1103 (Pa. Cmwlth. 2013) (en banc). “[A]n agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Hodges v. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011); see Moore v. Office of Open Records, 992 A.2d 907 (Pa. Cmwlth. 2010) (affidavit constitutes …
discussed Cited as authority (rule) A. Brown v. PA Office of the Governor (2×)
Pa. Commw. Ct. · 2017 · confidence medium
Sturgis v. Department of Corrections, 96 A.3d 445, 446-48 (Pa. Cmwlth.), appeal denied, 104 A.3d 6 (Pa. 2014); Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192-93 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) J. Rhone v. PA DOC
Pa. Commw. Ct. · 2017 · confidence medium
The Right-to-Know Law is “designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials, and make public officials accountable for their actions.” Hodges v. Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (citation omitted). 2 This Court’s standard of review of a final determination of the OOR is de novo and our scope of review is plenary.
cited Cited as authority (rule) Butler v. Dauphin County District Attorney's Office
Pa. Commw. Ct. · 2017 · confidence medium
An agency is only required, however, to search for and provide the records which are requested.” Hodges v. Dep’t of Health, 29 A.3d 1190, 1193 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) Smith Ex Rel. Smith Butz, LLC v. Pennsylvania Department of Environmental Protection
Pa. Commw. Ct. · 2017 · confidence medium
(R.R, at 1633a-1634a.) "[A]n agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Hodges v. Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011). 4 .
discussed Cited as authority (rule) J. Logan v. DOC
Pa. Commw. Ct. · 2017 · confidence medium
If the agency responding to the RTKL request determines that the record does not exist, it has “[t]he burden of proving [that the] record does not exist.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011). “[A]n agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Id.; see Moore, 992 A.2d at 909 (finding that an unsworn attestation and a notarized affidavit swearing to the non-existence of a reco…
cited Cited as authority (rule) Borough of Paxtang v. C. Hoyer
Pa. Commw. Ct. · 2017 · confidence medium
Hodges v. Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited as authority (rule) G. Wilkins v. Hon. Kathleen Kane
Pa. Commw. Ct. · 2016 · confidence medium
If the agency responding to the RTKL request determines that the record does not exist, it has “[t]he burden of proving [that the] record does not exist.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011). “[A]n agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Id.; see Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa. Cmwlth. 2010) (finding that an unsworn attestation and a notarized af…
discussed Cited as authority (rule) B. Wishnefsky v. PA Department of Corrections
Pa. Commw. Ct. · 2016 · confidence medium
Sturgis v. Department of Corrections, 96 A.3d 445, 446-48 (Pa. Cmwlth. 2014); Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192-93 (Pa. Cmwlth. 2011); Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa. Cmwlth. 2010); see also Section 705 of the Right-to-Know Law, 65 P.S. § 67.705 (“an agency shall not be required to create a record which does not currently exist”).
discussed Cited as authority (rule) S. Butz, L.LC v. PA DEP (2×) also: Cited "see"
Pa. Commw. Ct. · 2016 · confidence medium
If the agency responding to the RTKL request determines that the record does not exist, it has “[t]he burden of proving [that the] record does not exist.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011). “[A]n agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Id.; see Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa. Cmwlth. 2010) (finding that an unsworn attestation and a notarized af…
discussed Cited as authority (rule) Smith Butz, LLC v. Pennsylvania Department of Environmental Protection (2×) also: Cited "see"
Pa. Commw. Ct. · 2016 · confidence medium
If the agency responding to the RTKL request determines that the record does not exist, it has “[t]he burden of proving [that the] record does not exist.” Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa.Cmwlth.2011), “[A]n agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record.” Id.; see Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa.Cmwlth.2010) (finding that an unsworn attestation and a notarized affida…
cited Cited as authority (rule) Pennsylvania State Police v. McGill
Pa. Commw. Ct. · 2014 · confidence medium
Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1193 (Pa.Cmwlth.2011); Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa.Cmwlth.2010).
cited Cited "see" G. Dunbar v. OAG
Pa. Commw. Ct. · 2024 · signal: see · confidence high
See Hodges, 29 A.3d at 1192 n.6; Section 1301(a) of the RTKL, 65 P.S. § 67.1301(a).
cited Cited "see" A. Hodges v. DOC (OOR)
Pa. Commw. Ct. · 2024 · signal: see · confidence high
See Hodges, 29 A.3d at 1192 n.6; Section 1301(a) of the RTKL, 65 P.S. § 67.1301(a).
cited Cited "see" P. Brown v. Monroe County
Pa. Commw. Ct. · 2022 · signal: see · confidence high
See Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011).
discussed Cited "see" T.W. Olick v. Easton Suburban Water Authority (2×)
Pa. Commw. Ct. · 2021 · signal: see · confidence high
See Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (noting that an agency is not required to create a record if the requested record does not exist); Moore v. Off. of Open Recs., 992 A.2d 907, 909 (Pa. Cmwlth. 2010) (explaining that the standard is whether the requested record is in existence and in the possession of the Commonwealth agency at the time of the request).
discussed Cited "see" T.W. Olick v. City of Easton PD and Captain Beitler (2×)
Pa. Commw. Ct. · 2021 · signal: see · confidence high
See Hodges v. Pa. Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (noting that an agency is not required to create a record if the requested record does not exist); Moore v. Off. of Open Recs., 992 A.2d 907, 909 (Pa. Cmwlth. 2010) (explaining that the standard is whether the requested record is in existence and in the possession of the Commonwealth agency at the time of the request).
discussed Cited "see" Equity Forward & M.A. Carter v. DHS
Pa. Commw. Ct. · 2019 · signal: see · confidence high
See Hodges v. Dep’t of Health, 29 A.3d 1190 (Pa. Cmwlth. 2013) (holding that an agency, through an affidavit, “met its burden of proof that the requested records [did] not exist in its possession” and that, contrary to the requester’s assertion, “[the agency] was not required to sift through all of its records in order to determine if something under a different spelling or classification might possibly relate to [the] request”).
cited Cited "see" West Chester University of PA v. B. Schackner and The Pittsburgh Post-Gazette, and Bravo Group, Inc.
Pa. Commw. Ct. · 2015 · signal: see · confidence high
See Hodges v. Pennsylvania Department of Health, 29 A.3d 1190, 1192 (Pa.Cmwlth.2011); Moore v. Office of Open Records, 992 A.2d 907, 908-09 (Pa.Cmwlth.2010).
discussed Cited "see" L&I v. J. Earley
Pa. Commw. Ct. · 2015 · signal: see · confidence high
See Hodges v. Department of Health, 29 A.3d 1190, 1192 (Pa. Cmwlth. 2011) (affidavit of agency’s Open Records Officer was dispositive evidence that requested records did not exist); Moore v. Office of Open Records, 992 A.2d 907, 908-909 (Pa. Cmwlth. 2010) (agency’s submission of sworn and unsworn affidavits that it was not in possession of requested records was sufficient to satisfy its burden of proving non-existence of record).
cited Cited "see, e.g." M. Dobransky v. City of Philadelphia & City of Philadelphia Office of the Mayor
Pa. Commw. Ct. · 2026 · signal: see, e.g. · confidence low
See, e.g., Uniontown Newspapers, Inc. v. Pa. Dep’t of Corr., 151 A.3d 1196, 1208 [citing Hodges v. Dep’t of Health, 29 A.3d 1190 (Pa. Cmwlth. 2011)].
discussed Cited "see, e.g." Luzerne & Susquehanna Railway Co. v. Luzerne County Redevelopment Auth. ~ Appeal of: R. J. Corman RR Co./Luzerne & Susquehanna Line, LLC
Pa. Commw. Ct. · 2024 · signal: see also · confidence low
“Testimonial affidavits found to be relevant and credible may provide sufficient evidence in support of a claimed exemption.” McGowan v. Pa. Dep’t of Env’t Prot., 103 A.3d 374, 381 (Pa. Cmwlth. 2014); see also Hodges v. Pa. Dep’t of Health, 29 A.3d 1190 (Pa. Cmwlth. 6 2011).
discussed Cited "see, e.g." G. Davis v. PA SERS (OOR)
Pa. Commw. Ct. · 2022 · signal: see also · confidence low
“Testimonial affidavits found to be relevant and credible may provide sufficient evidence in support of a claimed exemption.” McGowan v. Pa. Dep’t of Env’t Prot., 103 A.3d 374, 381 (Pa. Cmwlth. 2014); see also Hodges v. Pa. Dep’t of Health, 29 A.3d 1190 (Pa. Cmwlth. 2011).
Retrieving the full opinion text from the archive…
Alonzo HODGES
v.
PENNSYLVANIA DEPARTMENT OF HEALTH
Commonwealth Court of Pennsylvania.
Aug 26, 2011.
29 A.3d 1190
2011 Pa. Commw. LEXIS 538
Alonzo Hodges, pro se., Karin S. Simpson, Senior Counsel, Harrisburg, for respondent.
Kelley, Leavitt, McGinley.
Cited by 54 opinions  |  Published

[*1191] OPINION BY

Judge LEAVITT.

Alonzo Hodges petitions, pro se, for review of a final determination of the Office of Open Records (OOR) denying his appeal under the Right-to-Know Law (RTKL).[1] In doing so, the OOR affirmed the Pennsylvania Department of Health’s denial of Hodges’ right-to-know request for information related to the licensure of the health care provider at a state correctional institution. Because the Department did not possess records responsive to Hodges’ request, we will affirm.

Hodges is currently incarcerated at the State Correctional Institution at Fayette (SCI-Fayette). On November 30, 2010, Hodges filed a right-to-know request with the Department of Health (Department) seeking the “license verification and certificate of need” for Prison Health Services, Inc., the health care provider at SCI-Fay-ette, and a copy of the license application showing the name of the health care provider and health care facility at SCI-Fay-ette. Certified Record, Item 1, at 1 (C.R. -). The Department did not issue a timely response to Hodges’ request; therefore it was deemed denied.[2] See Section 901 of the RTKL, 65 P.S. § 67.901.[3] Hodges appealed to the OOR on December 17, 2010.

In response to Hodges’ appeal, the Department submitted an affidavit entitled “Agency Affirmation of Nonexistence of Record” (Affidavit) executed by Patty Sheaffer, the Department’s Open Records Officer. In her Affidavit, Sheaffer attested that she made a good faith and thorough inquiry to determine if the Department was in possession of the records requested by Hodges. Based on her search, Sheaffer determined that no responsive records existed in the possession, custody or control of the Department.

The Department also submitted a copy of its response to Hodges’ right-to-know request, in which it advised Hodges that “certificates of need” are no longer issued. Chapter Seven of the Health Care Facilities Act,[4] which required them, expired on December 18, 1996. The Department also informed Hodges that it does not have authority over medical facilities within correctional institutions.[5] The Department[*1192] advised Hodges to address his inquiry to the Department of Corrections.

Upon review, the OOR found that the Department established that it did not possess the records requested by Hodges. In reaching this conclusion, the OOR found that the Affidavit, signed by Sheaffer under penalty of perjury, was dispositive. Hodges now petitions for this Court’s review.[6]

On appeal, Hodges argues that Sheaf-fer’s Affidavit contains contradictory statements, which suggest that the records he requested may exist. Therefore, the Department did not carry its burden of proving that it was unable to fulfill Hodges’ right-to-know request.[7]

The RTKL is “designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials, and make public officials accountable for their actions.” Bowling v. Office of Open Records, 990 A.2d 813, 824 (Pa.Cmwlth.2010). As such, any information falling within the RTKL’s broad definition of “record” must be disclosed if requested.[8] However, an agency is not required to create a record if the requested record does not exist. Nor is it required to compile the record in a new or novel format. 65 P.S. § 67.705.[9] The burden of proving a record does not exist, or is exempt from disclosure, is placed on the agency responding to the right-to-know re-' quest. See 65 P.S. § 67.708. This Court has stated that an agency may satisfy its burden of proof that it does not possess a requested record with either an unsworn attestation by the person who searched for the record or a sworn affidavit of nonexistence of the record. Moore v. Office of Open Records, 992 A.2d 907, 908-909 (Pa.Cmwlth.2010).

In this case, Sheaffer, in her capacity as the Department’s Open Records Of[*1193] ficer, issued an affidavit entitled “Agency Affirmation of Nonexistence of Record” stating in pertinent part that

based on the information provided to me, I do hereby affirm that, to the best of my knowledge, information and belief, such records do not exist within our agency.

C.R., Item 8, Agency Affirmation of Nonexistence of Record. We agree with the OOR that, with this Affidavit, the Department met its burden of proof that the requested records do not exist in its possession. Moore, 992 A.2d at 908-909.

Hodges argues that Sheaffer’s Affidavit is contradictory based upon her disclaimer that “[i]t is understood that this does not mean that the records do not exist under another spelling, another name or another classification.” C.R., Item 3, Agency Affirmation of Nonexistence of Record. Hodges interprets this sentence to mean that the records do exist, just under a different name or classification. Accordingly, he contends that the Department should have been able to locate the records he sought based upon the information he provided, even if they are classified under a different name. We disagree.

Sheaffer’s disclaimer that the records may exist somewhere “under another spelling, another name or another classification” does not, as Hodges argues, contradict her primary attestation. The misfiling or misclassifieation of records is always a possibility. An agency is only required, however, to search for and provide the records which are requested. The Department did so in this case. It was not required to sift through all of its records in order to determine if something under a different spelling or classification might possibly relate to Hodges’ request. See Moore, 992 A.2d at 908-909 (noting that an affidavit stating the requested record does not exist satisfies an agency’s burden under the RTKL).

For all of the foregoing reasons, we affirm the order of the OOR denying Hodges’ appeal.

ORDER

AND NOW, this 26th day of August, 2011, the order of the Office of Open Records, dated January 11, 2011, in the above-captioned matter is hereby AFFIRMED.

1

Act of February 14, 2008, P.L. 6, 65 P.S. §§ 67.101-67.3104.

2

The Department did not respond to Hodges’ request until December 17, 2010.

3

Section 901 of the RTKL provides, in relevant part that

[u]pon receipt of a written request for access to a record, an agency shall make a good faith effort to determine if the record requested is a public record, ... and whether the agency has possession, custody or control of the identified record, and to respond as promptly as possible under the circumstances existing at the time of the request.... The time for response shall not exceed five business days from the date the written request is received by the open-records officer for an agency. If the agency fails to send the response within five business days of receipt of the written request for access, the written request for access shall be deemed denied.

65 P.S. § 67.901.

4

Act of July 19, 1979, P.L. 130, as amended, 35 P.S. §§ 448.101-448.904b. Specifically, Chapter Seven of the Act, formerly, 35 P.S. §§ 448.701-448.712, which required health care facilities to have certificates of need, expired on December 18, 1996, pursuant to Section 904.1 of the Act, 35 P.S. § 448.904a.

5

The Department referred to its response to a right-to-know request Hodges sent on September 16, 2010, directly to the Secretary of Health, wherein it informed him that the Department does not have authority over medical facilities in correctional institutions. The Department advised Hodges that the Correctional Institution Medical Services Act, 61 Pa.C.S. §§ 3301-3307, established the medical program for inmates and thus the Department of Corrections is responsible for the[*1192] program. As further justification, the Department noted that correctional institution medical facilities were not included in the definition of a "health care facility” under Section 802.1 of the Health Care Facilities Act, 35 P.S. § 448.802a, added by Section 7 of the Act of July 12, 1980, P.L. 655.

6

When reviewing a determination of the OOR we independently review the determination and may substitute our own findings of fact for that of the agency. Our scope of review is plenary. Department of Corrections v. Office of Open Records, 18 A.3d 429, 432 n. 6 (Pa.Cmwlth.2011).

7

Hodges also suggests that the Department, contrary to its repeated assertions, has jurisdiction over the licensure of Prison Health Services by virtue of its authority to license all health care providers in Pennsylvania. It follows, Hodges argues, that the Department must have the records he requested. Whether the Department of Health’s general licensing authority extends to prison medical facilities is not dispositive of Hodges’ right-to-know request. The dispositive evidence, as discussed above, is the Department’s sworn Affidavit that it has no records regarding the licensure of Prison Health Services. Therefore, we will not address the scope of the Department's licensing authority.

8

The RTKL defines "record” as

[ijnformation, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-processed document.

65 P.S. § 67.102.

9

It states:

When responding to a request for access, an agency shall not be required to create a record which does not currently exist or to compile, maintain, format or organize a record in a manner in which the agency does not currently compile, maintain, format or organize the record.

65 P.S. § 67.705.