N.Y. Comp. Codes R. & Regs. tit. 9 § 145-1.2

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

Section 145-1.2 - Procedures for obtaining records

(a)

(1) The records access officer shall be the custodian of the records of the division. Any person wishing to inspect and/or obtain a copy of any record, may make application to the records access officer. Applications shall be oral, or in writing on a form to be prescribed by the records access officer. Blank forms may be obtained from the records access officer either personally on any workday in Room 113 of the State Capitol in Albany, or by mail, addressed to that office, as the records access officer may specify on the application form. Upon receipt of a request, the records access officer shall search for the record requested. If the records access officer determines that the record requested is not in his custody, the records access officer shall advise the applicant, as the case may be:

(i) that the record requested is not in his custody;

(ii) that the record does not exist;

(iii) that the record is in the custody of another specified agency; or

(iv) that the records of which the agency is a custodian cannot be found after a diligent search.

If the records access officer determines that the record requested is in his custody, the records access officer shall either produce the record for inspection at his office (and, if so requested and upon payment of the appropriate fee, shall make and certify a copy of the record), or advise the applicant, in writing, as provided in section 145-1.6 of this Subpart.

(2) In view of the time required to conduct record searches, locate and forward certain record information, the division reserves the right to respond to inquiries within five workdays of receiving the request. Every effort will be made, however, to respond to each request as soon as possible. If for any reason additional time is required to produce records, the records access officer shall acknowledge receipt of the request within five working days of such receipt, explain the reason for the delay, and provide an estimate of the date on which a completed response will be forthcoming. The acknowledgment will also notify the requesting party that failure by the division to grant access to the requested record within 10 working days may, by law, be construed as a denial of access and may be appealed.

(3) The records access officer may at his discretion waive any formality prescribed by this subdivision, including the use of prescribed application forms.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 145-1.2