N.Y. Comp. Codes R. & Regs. tit. 18 § 340.9

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

Section 340.9 - Appeals

(a) Any person whose request for department records has been denied may appeal to the appeals officer designated by the State Commissioner of Social Services, who shall decide all appeals from denial of access to records in accordance with the provisions of the Freedom of Information Law.

(b) All appeals shall be in writing, addressed to the appeals officer, and mailed or submitted to him within 30 business days after the receipt of denial of access to the requested records, or within 40 business days after the request is made, if no response to the request has been received. Each such appeal shall contain at least the following information:

(1) the date or dates on which each such record was requested and the manner in which each was made;

(2) the record or records to which access was denied;

(3) whether the denial of access was:

(i) in writing, and if so, the date thereof; or

(ii) by failure to provide records, or to acknowledge receipt of a request therefor within the time specified in section 340.6(b) of this Part; and

(4) the date of the appeal and the name and address of the person making the appeal.

(c) Each appeal made in the manner and within the time specified in subdivision (b) of this section shall be decided by the appeals officer, who shall issue to the person making the appeal a written decision within ten business days of receipt of the appeal. The decision shall either (1) authorize access to the requested record, or (2) deny access to the record and state the reasons for the denial, or (3) state that the department is not the legal custodian of the requested record, or that after diligent search the record cannot be found.

(d) The appeals officer shall immediately forward to the Committee on Open Government, a copy of each appeal and the determination thereon.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 340.9