N.Y. Comp. Codes R. & Regs. tit. 15 § 160.7

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

Section 160.7 - Denial of access to records

(a) The Chair of the Administrative Appeals Board, Swan Street Building, Empire State Plaza, Albany, NY 12228, and/or such other designee of the Commissioner, shall hear appeals for denial of access to records under the Freedom of Information Law.

(b) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of his right to appeal.

(c) An appeal from a denial of access to records shall be made within 30 days of such denial and shall be in writing, stating the reason therefor, the date and location of the request for records, the records to which the requester was denied access, and the name and return address of the requester.

(d) The time for deciding an appeal shall commence upon receipt of written appeal. There shall be no fee for an appeal.

(e) A decision on an appeal shall be rendered in writing within 10 business days of the receipt of the appeal.

(f) A final denial of access to a requested record shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 160.7

Amended New York State Register January 2, 2019/Volume XLI, Issue 01, eff. 1/2/2019