N.Y. Comp. Codes R. & Regs. tit. 14 § 603.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 603.6 - Procedures governing inspection and copying of records

(a) Requests shall be made in writing and shall reasonably describe the records to which access is sought.

(b) The records access officer shall, within five business days after receipt of a request:

(1) grant the request; or

(2) deny the request in writing. Such denial shall:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the records access appeals officer; and

(iii) provide the name, title, business address and telephone number of the records access appeals officer; or

(3) furnish a written acknowledgment of receipt of the request which includes a statement of the approximate date when the request will be granted or denied.

(c) If the records access officer fails to respond to a request within five business days of receipt of a request as required in paragraph (b)(3) of this section, such failure shall be deemed a denial of access by OPWDD, and may be appealed pursuant to section 603.9 of this Part.

(d) If the records access officer acknowledges the request, but fails to grant access by the approximate date provided in the acknowledgment, the request may be construed as denied, and may be appealed pursuant to section 603.9 of this Part. Such appeal shall not be initiated until five business days after the approximate date provided in the acknowledgment.

(e) If access is approved, the records access officer shall so notify the requester and cause a search to be made for the record requested.

(f) If the record cannot be found after diligent search, the records access officer shall so notify the requester.

(g) As authorized by the Freedom of Information Law, the records access officer may cause identifying details, which if not expunged would constitute an unwarranted invasion of privacy, to be deleted from the record before inspection or copying.

(h) The original or file copies of a record shall not be released.

(i) Copies of a record may be made by any means which will not damage the record.

(j) If requested, the records access officer shall:

(1) upon payment of the appropriate fees, provide a copy of the record;

(2) certify (see section 603.13[a] of this Part) that the copy is a true copy.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 603.6

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016