N.Y. Comp. Codes R. & Regs. tit. 8 § 187.4

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

Section 187.4 - Freedom of information law procedures

The following procedures shall be followed in connection with requests to inspect or secure copies of department records made by members of the general public under the provisions of Public Officers Law, article 6:

(a) Albany office.

(1) Requests to inspect or secure copies of records shall be submitted to the records access officer in writing and shall reasonably describe the record or records. Forms for such requests may be obtained from the office of the records access officer, and the use of such forms is recommended.

(2) The records access officer will determine and advise the requester whether the records specified in the request are available for inspection and copying.

(3) With respect to records which are determined to be available, the records access officer will direct the requester to the place where the requested records may be inspected and will arrange for the preparation and certification of copies upon tender of the required fee.

(4) With respect to records which are determined not to be available, the records access officer will note the reason for unavailability on the request form and return one copy of the form to the requester.

(5) If the agency does not provide or deny access to the record sought within five business days of receipt of a request, the agency shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied.

(b) All other offices.

(1) Requests to inspect or secure copies of records made to an office located outside the City of Albany shall be submitted to the person in charge of the office or institution, or his designated representative, in writing, and shall reasonably describe the record or records. Forms for such requests may be obtained from each such office and the use of such forms is recommended.

(2) Such person in charge, or his designated representative, will ascertain from the records access officer and advise the requester whether the records specified in the request are available for inspection and copying.

(3) With respect to records which are determined to be available, the requester will be directed to the place where the requested records may be inspected and, if such records are located at the office to which the request is submitted, will be provided with the requested number of copies and certifications upon tender of the required fee.

(4) With respect to records which are determined not to be available, the person in charge will note the reason for unavailability on the request form and return one copy of the form to the requester.

(5) If the agency does not provide or deny access to the record sought within five business days of receipt of a request, the agency shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied.

(c) Place of inspection. Records may be inspected only at the office or location where they are regularly maintained.

(d) Requests by mail. Requests by mail for copies of available records may be addressed to the records access officer, and will be honored, upon payment of the required fee, provided the requester and the record of which a copy is requested are sufficiently identified to make compliance practicable.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 187.4