N.Y. Comp. Codes R. & Regs. tit. 18 § 226.9

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

Section 226.9 - Denial of access to records; appeals

(a) The executive director is designated to hear appeals from denial of access to records.

(b) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the executive director, who shall be identified by name, business address and business telephone number.

(c) Failure to respond to a request within five business days of receipt of a request, as required under section 226.2(c) of this Part, shall be deemed a denial of access. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, as also required under said section, such failure to grant or deny shall similarly be deemed a denial of access.

(d) Any person denied access to records may appeal within 30 days of such denial.

(e) The time for deciding an appeal shall commence upon receipt of written appeal identifying:

(1) the date of the appeal;

(2) the date and location of the request for records;

(3) the records to which the requester was denied access;

(4) whether the denial of access was in writing or was by failure to provide records within the required time limits; and

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

(f) The executive director, or in his absence, his designee, shall decide an appeal and shall notify the requester of his decision in writing within seven days of receipt of the appeal. Such notification shall state the reasons for the decision and shall notify the requester of the right to judicial review pursuant to article 78 of the Civil Practice Law and Rules.

(g) The executive director shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt, and shall also transmit a copy of his decision to said committee upon issuance of such decision.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 226.9