Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 21 - MiscellaneousChapter XXV - Committee On Open Government
Part 1401 - Public Access To Records Of State And Local Agencies, Including Counties, Cities, Towns, Villages, School Districts And Fire Districts
Section 1401.7 - Denial of access to records

N.Y. Comp. Codes R. & Regs. tit. 21 § 1401.7

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Current through Register Vol. 46, No. 16, April 17, 2024
Section 1401.7 - Denial of access to records
(a) The governing body of a public corporation or the head, chief executive or governing body of other agencies shall determine appeals or shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.
(b) Denial of access shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body designated to determine appeals, and that person or body shall be identified by name, title, business address and business telephone number. The records access officer shall not be the appeals officer.
(c) If an agency fails to respond to a request as required in section 1401.5 of this Part, such failure shall be deemed a denial of access by the agency.
(d) Any person denied access to records may appeal within 30 days of a denial.
(e) The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of written appeal identifying:
(1) the date and location of requests for records;
(2) a description, to the extent possible, of the records that were denied; and
(3) the name and return address of the appellant.
(f) A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.
(g) The agency shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to: the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.
(h) 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.
(i) A final denial of access to a requested record, as provided for in subdivision (g) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Laws and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1401.7