N.Y. Comp. Codes R. & Regs. tit. 8 § 2002.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 2002.3 - Availability of records

(a) Generally. The public records of the corporation shall be available for inspection and copying Monday through Friday, except legal holidays, between the hours of 9 a.m. and 5 p.m. Requests may be submitted to:

Records Access Officer

New York State Higher Education

Services Corporation

99 Washington Avenue

One Commerce Plaza

Albany, NY 12255

(b) Trade secrets.

(1) Any person who submits any information to the corporation may, at the time of such submission, request that the corporation exempt such information from disclosure on the basis that it is a trade secret or is maintained by the corporation for the regulation of commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the entity making such request.

(2) Such request from disclosure shall:

(i) be in writing;

(ii) be submitted simultaneous with or prior to the information which is the subject of the request; and

(iii) state the reasons why the information should be excepted from disclosure.

Where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure.

(3) Information which is the subject of a request made pursuant to paragraph (1) of this subdivision is excepted from disclosure until 15 days after entitlement status has been finally determined or, when entitlement to an exception from disclosure has been granted, until such entitlement has expired, or until such further time as ordered by a court of competent jurisdiction.

(4) On the initiative of the records access officer at any time, or upon the request of any person for a record excepted from disclosure pursuant to this subdivision, the corporation shall:

(i) inform the person who requested the exception of the corporation's intention to determine whether such exception should be granted or continued;

(ii) permit the person who requested the exception, within 10 business days of receipt of notification from the corporation, to submit a written statement of the necessity for the granting or continuation of such exception; and

(iii) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on Open Government.

(5) If a request for access to the record has not been received by the corporation at the time a request for exception is under consideration, the records access officer, in his or her discretion, may withhold the determination as to the exception until an access request has been received.

(6) A denial of an exception from disclosure under this subdivision may be appealed by the person submitting the information, and a denial of access to the record may be appealed by the person requesting the record in accordance with the provisions of Public Officers Law, section 89.5(c).

(7) Information excepted from disclosure pursuant to this subdivision, or as to which a request for such an exception has been made and a final determination has not as yet been had, shall be maintained apart from other documents in a locked file cabinet, locked desk drawer or other place secure from general access. Such records shall be placed in envelopes with flaps, or other containers which will effectively maintain the integrity of the documents and which can be marked so as to clearly limit access to the contents. Such records shall be in the custody of the head of the division or office with which the record is filed. That person shall specify, in writing, which persons subject to his or her supervision may inspect such records. Only that person, those he or she so specifies, the records access officer and the records access appeals officer shall be entitled to access to such records.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2002.3