N.Y. Comp. Codes R. & Regs. tit. 5 § 1.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 1.3 - Designation of records access officer

(a) The records access officer of the department is the department' s assistant counsel who is designated by the deputy commissioner and counsel of the department.

(b) The records access officer shall:

(1) maintain an up-to-date subject matter list of records maintained by the department;

(2) assist in identifying requested records if necessary;

(3) upon locating requested records, take one of the following actions:

(i) make the records available for inspection;

(ii) deny access to the records in whole or in part and explain in writing the reason for such denial; or

(iii) furnish a written acknowledgment of the receipt of such a request and a statement of the approximate date when such request will be granted or denied.

(4) upon request for copies of records determined by the records access officer to be available for inspection:

(i) make copies available upon payment of established fees; or

(ii) permit the requester to copy the records.

(c) The records access officer, upon request, shall certify that a copy of a record is a true copy.

(d) Upon failure to locate requested records, the records access officer shall certify that:

(1) the department is not the custodian of the records requested; or

(2) the records of which the department is custodian cannot be found after diligent search; or

(3) the information supplied by the requester is not sufficiently detailed to enable the records access officer to determine whether or not the department maintains such records.

(e) The business address of the records access officer is Records Access Officer, Counsel's Office, Department of Economic Development, 30 South Pearl Street, Albany, NY 12245.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 1.3