N.Y. Comp. Codes R. & Regs. tit. 5 § 1.9

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

Section 1.9 - Appeals

(a) Any person whose application to inspect and/or copy records has been denied on any grounds other than 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 (in which case the appeal must be submitted pursuant to section 1.7[g] ) may appeal within 30 days of such denial to the Deputy Commissioner and Counsel, Department of Economic Development, 30 South Pearl Street, Albany, NY 12245. Such appeal must be in writing and must set forth the name and address of the person requesting the records; the date of the request for records and to whom it was delivered; the specific records to which access was denied; the reasons given for such denial; and whether the denial was in writing or is considered to be a denial because of failure of the department to respond promptly to a request for records.

(b) The deputy commissioner and counsel of the department, upon receipt of an appeal in compliance with this section, shall review the request for access to records of the department and affirm, modify or reverse the denial. The deputy commissioner and counsel shall inform the person requesting access to records of the decision in writing within 10 business days of receipt of a properly filed appeal and of his right to appeal any denial pursuant to article 78 of the Civil Practice Law and Rules.

(c) The deputy commissioner and counsel shall immediately transmit to the Committee on Open Government copies of all appeals and the determinations thereon.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 1.9