N.Y. Comp. Codes R. & Regs. tit. 21 § 5019.7

Current through Register Vol. 46, No. 51, December 18, 2024

Section 5019.7 - Appeals of denial of access to records

(a) A person whose request for access to, or correction or amendment of his or her records is denied by the records access officer, may within 30 days appeal, in writing, such denial to the Director of Administration of the system, 10 Corporate Woods Drive, Albany, NY 12211-2395, who shall be the system's records appeals officer. The duties of the records appeals officer are as follows:

(1) within 10 business days after receipt of such appeal, the records appeals officer shall fully explain in writing to the person making the request the reasons for denial, or provide access to the records sought; and

(2) the records appeals officer shall immediately forward to the State Committee on Open Government a copy of such appeal and the determination thereon.

(b) The time for deciding an appeal by the records appeals officer shall commence only upon receipt of a copy of the decision of the records access officer being appealed, and a written appeal identifying:

(1) the date of the decision of the records access officer denying access to the records sought;

(2) the date of the requests for records;

(3) the records to which the person making the request was denied access; and

(4) the name and address of the person whose request was denied.

(c) Nothing contained in this Part shall in any way extend the statute of limitations or any other time limitation for the review of any benefit determination or any other final determination made by the system.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5019.7