Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABORChapter VII - Division Of Unemployment InsuranceSubchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board
Part 465 - Public Access To Records
Section 465.7 - Denial of access

N.Y. Comp. Codes R. & Regs. tit. 12 § 465.7

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 465.7 - Denial of access
(a) The denial of access to records shall be in writing, setting forth the reason for such denial and advising the requester of the right of appeal to the chairman of the board.
(b) If no response is made to a request for records within five business days after its receipt, the request shall be deemed to have been denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgement of receipt of a request, this may be construed as a denial of access that may be appealed.
(c) Any person denied access to a record may appeal within 30 days of a denial. Such appeals shall be decided by the chairman of the board or such other members of the board as may, from time to time, be designated.
(d) The time for deciding an appeal from denial of access shall commence upon receipt of a written appeal which shall include:
(1) the date of the appeal;
(2) the date of the request for the record;
(3) the case number last assigned to the file which contains the record;
(4) a statement of whether the denial of access was in writing or by failure to provide the record promptly, as required by this Part; and
(5) the name and address of the requester.
(e) The chairman of the board or a designee shall transmit to the Committee on Open Government, Department of State, Albany, NY, copies of all appeals upon receipt thereof.
(f) The requester shall be informed of the decision, in writing, within 14 business days of the receipt of a written appeal. The decision, whether made by the chairman of the board or by a member of the board who has been designated for such purpose, shall be deemed to be the decision of the board when it is duly mailed to the requester and to the Committee on Open Government.
(g) A final denial of access to a record, as provided in subdivision (f) of this section, shall be subject to court review, as provided in article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 465.7