N.Y. Comp. Codes R. & Regs. tit. 12 § 465.2

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

Section 465.2 - Access officer

(a) The executive secretary is designated as the records access officer for all records. The records access officer shall maintain an office for access at the principal place of business of the board, and has discretionary authority to establish such other offices or such other places or locations as deemed appropriate to provide access to records for inspection.

(b) The records access officer is responsible for coordinating the response to requests for access to records and for assuring that agency personnel:

(1) maintain an up-to-date subject matter list;

(2) assist the requester in identifying requested records, if necessary;

(3) upon locating the records, take one of the following actions:

(i) make records available for inspection; or

(ii) deny access to the records in whole or in part and explain in writing the reasons therefor;

(4) upon request for copies of records:

(i) make a copy available upon payment or offer to pay established fees, if any; or

(ii) permit the requester to copy those records, provided that this does not jeopardize the preservation and safekeeping of the records;

(5) upon request, certify that a transcript or photocopy is a true copy of a record in the files of the board; and

(6) upon failure to locate records, certify that:

(i) the board is not the custodian for such records; or

(ii) the records of which the board is a custodian cannot be found after diligent search.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 465.2