N.Y. Comp. Codes R. & Regs. tit. 14 § 520.6

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

Section 520.6 - Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record pursuant to section 520.5 of this Part may, within 30 days of such denial, appeal the denial.

(b) A failure to grant or deny access to records within five business days of the receipt of a request or within 30 days of an acknowledgment of the receipt of a request, or a failure to respond to a request for amendment or correction of a record within 30 days of receipt of such a request shall be construed as a denial that may be appealed.

(c) Any denial may be appealed to:

Counsel

Office of Mental Health

44 Holland Avenue

Albany, NY 12229

(d) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1) the date and location of a request for a record, amendment or correction of a record;

(2) the record that is the subject of the appeal; and

(3) the name and return address of the appellant.

(e) Within seven business days of receipt of an appeal of a denial of access, or within 30 days of receipt of an appeal concerning a denial of a request for correction or amendment, the person determining such appeal shall:

(1) provide access to or correct or amend the record; or

(2) fully explain in writing the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(f) If, upon appeal, a record is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (l) subdivision (1) of section 96 of the Public Officers Law.

(g) If, upon appeal, correction or amendment of a record is denied in whole or in part, the determination rendered pursuant to the appeal shall inform the data subject of the right to:

(1) file with the agency a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; or

(2) request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or will be disclosed pursuant to paragraph (d), (i) or (l) of subdivision (1) of section 96 of the Public Officers Law.

(h) The Office of Mental Health shall immediately forward to the Committee on Open Government, a copy of any appeal made pursuant to this Part, including the determination thereof and the reasons for such determination.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 520.6