N.Y. Comp. Codes R. & Regs. tit. 6 § 616.28

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

Section 616.28 - Appeal

(a) Any person denied access to a record or denied a request to correct or amend a record or personal information pursuant to section 616.27 of this Part may, within 30 business days of such denial, appeal to the FOIL Appeals Officer as provided in section 616.8 of this Part, except for such records that are in the custody of OHMS, the Assistant Commissioner for OHMS shall serve as the FOIL Appeals Officer.

(b) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1) the date and location of a request for a record or correction or amendment of a record or personal information;

(2) the record that is the subject of the appeal; and

(3) the name and return address of the appellant.

(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeals shall:

(1) provide access to, or correct or amend, the record or personal information; or

(2) fully explain in writing the factual and statutory reasons for further denial, and inform the individual of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d) If, on appeal, a record or personal information is corrected or amended, the individual shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed, pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law (which paragraphs pertain to disclosures to other governmental units, to disclosures based upon circumstances affecting the health or safety of an individual, and to disclosures to certain public safety agencies).

(e) The department shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part, the determination thereof and the reasons therefor.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 616.28