N.Y. Comp. Codes R. & Regs. tit. 21 § 501.5

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

Section 501.5 - Requests for public access to records

(a) Any written request for records covered by this Part shall be deemed to be a request for records pursuant to the Freedom of Information Law, whether or not the Freedom of Information Law is mentioned in the request. An oral request for records will not be considered a request for records pursuant to the Freedom of Information Law. Responses to oral requests for records shall be made as promptly as resources and time restraints permit.

(b) The authority shall respond to a written request which reasonably describes the records sought within five business days of receipt of the request. If the authority fails so to do, the request may be construed as denied and may be appealed.

(c) The response set forth in subdivision (b) of this section shall offer or deny access, in whole or in part, to the records sought, or shall acknowledge receipt of the written request and set forth the approximate date upon which the request will be granted or denied. The response may set forth a request on the part of the authority to confer with the requester to review the request to determine which records will satisfy the objectives and needs of the requester; provided, however, that the failure on the part of the requester to confer with the authority or the failure of the authority to produce records described in the written request for records shall not preclude an appeal by the requester based upon a denial of access.

(d) If access to records is neither granted nor denied within five business days following the receipt of a request, the authority shall acknowledge the receipt of the request in writing and include a written statement of the approximate date when such request will be granted or denied, in which case, if access to records is neither granted or denied within 10 business after the time set forth in such statement, the request may be considered as denied. The authority may extend the time for providing access to records beyond five business days of the receipt of a request when it is necessary to:

(1) search for and collect the requested records from facilities or other establishments that are separate from the authority;

(2) search for, collect and appropriately examine a voluminous amount of records which are demanded in a single request; or

(3) consult, which shall be conducted with all practicable speed, with another person having a substantial interest in the determination of the request, or among two or more components of the authority having substantial subject matter interest therein.

(e) The time limitations on response to requests for records shall begin to run as of the time a request for records is received by the records access officer and a date-stamp notation placed directly on the request.

(f) A request for access to records must reasonably describe the records requested. Where possible, specific information regarding dates, title, file designations, and other information which may help identify the records, should be supplied by the requester. Where the information supplied by the requester is not sufficient to permit identification and location of the records by authority personnel without an unreasonable amount of effort, the requester will be contacted and asked to supply the necessary information. Every reasonable effort shall be made by authority personnel to assist in the identification and location of requested records.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 501.5