N.Y. Comp. Codes R. & Regs. tit. 14 § 603.9

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

Section 603.9 - Appeals of denial of access to records

(a) Any person who has been denied access to records by the records access officer may, within 30 days of receipt of the denial, appeal such denial to the records access appeals officer, who is the Counsel of the Office for People With Developmental Disabilities and whose business address is: Counsel's Office, Office for People With Developmental Disabilities, 44 Holland Avenue, Albany, NY 12229.

(b) The written appeal shall identify:

(1) the date of the request and the location to which it was made;

(2) the record to which the requester was denied access; and

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

(c) The records access appeals officer shall, within 10 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial of access was erroneous, he or she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.

(e) If the records access appeals officer affirms or modifies the denial, he or she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal pursuant to article 78 of the Civil Practice Law and Rules.

(f) The records access appeals officer shall, upon receipt, forward to the Committee on Open Government a copy of any appeal made pursuant to this Part.

(g) The records access appeals officer shall forward to the Committee on Open Government the determination of any appeal and the reasons therefor at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 603.9

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