N.Y. Comp. Codes R. & Regs. tit. 21 § 10051.10

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

Section 10051.10 - Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 10051.9 of this Part may, within 30 days of such denial, appeal to the appeals officer. The executive director of LIPA shall hear all appeals. The appeals officer's address is:

Appeals Officer

Long Island Power Authority

200 Garden City Plaza

Garden City, NY 11530

(b) the time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1) the date and location of a request for a record or amendment or correction of a record or personal information;

(2) the record that is the subject of the appeal; and

(3) the name and return address of the appellant.

(c) Within seven business days after receipt of an appeal of a denial of access under this Part, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the appeals officer shall:

(1) provide access to correct or amend the record or personal information; or

(2) fully explain in writing the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e) The authority shall promptly forward to the Committee on Open Government of the Department of State a copy of any appeal made pursuant to this Part and the appeals officer's determination thereof and the reasons therefor at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10051.10