N.Y. Comp. Codes R. & Regs. tit. 5 § 1.8

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

Section 1.8 - Grant or denial of access to records

(a) Unless the records access officer determines that an application to inspect and/or copy records includes a request for information that may be excepted from disclosure pursuant to section 87 or 89 of the Public Officers Law or section 1.7 of this Part, the request shall be granted.

(b) Any denial of access to records shall be in writing, stating the reasons therefor and advising the person requesting such access of the right to appeal. In the event that access is denied on the grounds that the information was submitted by a person who was granted an exception from disclosure pursuant to section 1.7 of this Part, the appeal shall be conducted pursuant to section 1.7(g). In the event that access is denied for any other reason, the appeal shall be conducted pursuant to section 1.9 of this Part.

(c) If requested records are not provided promptly, as required in section 1.6(c) of this Part, such failure shall also be deemed a denial of access.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 1.8