N.Y. Comp. Codes R. & Regs. tit. 12 § 450.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 450.11 - Release of records

(Freedom of Information Law)

(a) Purpose. The purpose of this section is to set forth the methods and procedures governing the availability of records of the State Insurance Fund pursuant to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.

(b) Records available to the public.

(1) Except as otherwise provided by the Workers' Compensation Law, sections 87 (2), 89 (2), (2-a) and (3) of the Public Officers Law and/or any other provision of statutes: all records as defined in section 86 (4) of the Public Officers Law shall be made available for public inspection and copying.

(2) A record of names, public office addresses, titles and salaries of officers and employees of the State Insurance Fund.

(c) List of records. The records access officer shall maintain and make available for inspection and copying at his/her office, a current list of the records available for public inspection. The State Insurance Fund shall also have conspicuously posted instructions to the public regarding the method of obtaining access to public records, consistent with this regulation. Any person desiring a copy of the list of available records may request thereof personally or by mail and one shall be supplied.

(d) Requests for records. Requests for access to review records or to obtain copies of records shall be made in writing by mail addressed to the Records Access Officer, Office of the General Attorney, State Insurance Fund, 199 Church Street, New York, NY 10007. Requests to inspect records or to obtain copies of records may also be made by electronic mail. Electronic mail address is: freedominfo@nysif.com.

Requests shall reasonably describe the record sought. To the extent possible, the requestor shall supply identifying information that will assist the agency in locating the records sought. In the absence of such identification, the agency may seek clarification from the requestor, in order for the request to be considered. The agency shall be required to produce only responsive documents that are in its custody or control at the time of the request, with the exception of documents that are exempt from disclosure pursuant to the Public Officers Law, or any other applicable law, regulation, or order of a court of competent jurisdiction.

If an inspection of records is sought, an appointment date for examination of the records to be made available will be verified by mail. Records may be examined at 199 Church Street, New York City, any working day between the hours of 8:45 a.m. and 5:00 p.m. The records access officer may designate another location in which a requestor may review records.

(e) Charges. Upon request, State Insurance Fund shall arrange for the copying of records and furnishing of such copies upon payment of the following fees: photocopies of said records will be charged at the rate of 25 cents per page not in excess of nine inches by fourteen inches, or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by statute.

(f) Designation of records access officer. The records access officer can be contacted by writing to: Records Access Officer, Office of the General Attorney, 199 Church Street, New York, New York 10007.

(g) Denial of access to records. Denial of access shall be in writing stating the reason(s) therefor. Any person denied access to records may appeal within 30 days of a denial. Appeals from a denial of access shall be determined by the General Attorney within 10 business days of the receipt of such appeal. Appeals should be mailed to the General Attorney, 199 Church Street, New York, New York 10007.

(h) Effective date. This section shall take effect after filing with the Secretary of State in accordance with the law.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 450.11