N.Y. Comp. Codes R. & Regs. tit. 9 § 7801.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 7801.8 - Appeals from denials of access to records

(a) Except as provided in subdivision (f) of this section, any person denied access to records may appeal within 30 days from the date of a denial.

(b) The following person shall hear appeals from denials of access to records, under section 89(4)(a) of the Public Officers Law: Deputy Commissioner, State Energy Office, Agency Building 2, Empire State Plaza, Albany, NY 12223.

(c) Whenever the State Energy Office receives an appeal pursuant to this section, it shall transmit a copy of the appeal to the Committee on Public Access to Records at the following address: Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, NY 12231.

(d) The deputy commissioner shall inform the appellant and the Committee on Public Access to Records of his determination, in writing, within seven business days of receipt of a written appeal, identifying:

(1) the date and location of requests for access to records;

(2) the records that were denied; and

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

(e) A determination by the deputy commissioner upholding a denial of access to records shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.

(f) Administrative appeals from, and judicial review of, State Energy Office denials of access to records under section 7801.7(b)(4) of this Part, and State Energy Office determinations to permit access to records despite requests that those records be accorded trade secrets status as provided in section 7801.9 of this Part, shall be governed by section 7801.9 rather than this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7801.8