N.Y. Comp. Codes R. & Regs. tit. 4 § 80.4

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

Section 80.4 - Procedures for obtaining access to records

The procedures for obtaining access are designed to insure full compliance with the letter and intent of the Freedom of Information Law, as well as providing the public with optimum response to their requests.

(a) A public catalogue consisting of a list by subject matter of the records of the Department of Civil Service will be available for inspection at the main reception desk of the Department of Civil Service on the State Campus in Albany and at the department's New York City and Buffalo offices.

(b) Any person wishing to inspect and/or obtain a copy of any record listed in the catalogue should make application in duplicate to the records access officer on the form entitled, "Application for Public Access to Records". This form may be obtained either personally from the receptionist at the main reception desk of the Department of Civil Service in Albany, and at the department's New York City and Buffalo offices or by mail sent to the records access officer at his business address. Submission of the application for public access to records form will not be required for materials which have been customarily made readily available to the public by the department without written requests, such as examination announcements, brochures, etc. The records access officer may in his discretion provide access to records as the circumstances dictate without requiring the use of the public access to records application form.

(c) Completed copies of the application for public access to records may be either delivered personally to the receptionist at the main reception desk of the Department of Civil Service in Albany who will then forward them to the records access officer or mailed directly to the records access officer at his business address.

(d) The application for public access to records should be reasonably described by the requester to enable the department to locate the records requested within the five business day time limit mandated by law. Where possible, the requester should supply information regarding dates, titles, file designation or other information which may help the department identify the records. The records access officer shall see to it that agency personnel assist the requester in identifying requested records, if necessary. If, however, the department is unable to locate a requested record within five business days because it is unable to identify the record, the department shall so inform the person requesting such record.

(e) A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.

(f) No records shall be removed by any person requesting access to records from any office within the Department of Civil Service where such record may be located without the express consent in writing of the head of the Department of Civil Service.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 80.4