N.Y. Comp. Codes R. & Regs. tit. 21 § 9700.7

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

Section 9700.7 - Denial of access to records

(a) Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b) If requested records are not provided promptly, as required in section 9700.5(d) of this Part, such failure shall also be deemed a denial of access.

(c) The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:

Douglas A. Eldridge, General Counsel

New York State Low-Level Radioactive Waste

Disposal Facility Siting Commission

2 Third Street, 4th Floor

Troy, NY 12180, (518) 271-1585

(d) The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:

(1) the date of the appeal;

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

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

(4) whether the denial of access was in writing or due to failure to provide records promptly as required by section 9700.5(d) of this Part; and

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

(e) The individual or body designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal.

(f) The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:

Committee on Open Government

Department of State

162 Washington Avenue

Albany, NY 12231

(g) The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (f) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9700.7