N.Y. Comp. Codes R. & Regs. tit. 12 § 73.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 73.7 - Denial of access to records

(a) The denial of access to records shall be in writing, setting forth the reason therefor and advising the requester of the right of appeal and the procedure therefor.

(b) If requested records are not provided promptly, as required by section 73.4(b) of this Part, such failure shall also be deemed a denial of access.

(c) Appeals from the denial of access to records shall be heard by the board or its authorized representative. Appeals shall be decided by resolution of the board.

(d) The time for deciding an appeal shall commence upon receipt of written appeal identifying:

(1) the name and address of the requester;

(2) the date of the appeal;

(3) the date of the requests for records and the location of the records; and

(4) the records to which the requester was denied access.

(e) The requester shall be informed of the board's decision in writing.

(f) A final denial of access to a requested record issued by the board shall be subject to court review, as provided for in article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 73.7