N.Y. Comp. Codes R. & Regs. tit. 9 § 145-1.7

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

Section 145-1.7 - Appeals

Any person whose application to inspect and/or copy records has been denied pursuant to section 145-1.6 of this Subpart may appeal the denial to the appeals officer at his office at the State Capitol in Albany. The appellant will be provided with the appeals officer's full name, business address and business telephone number. Appeal must be made within 30 days of denial, in writing, and must set forth: the name and address of the applicant, the specific record(s) requested, the date of the denial, and the reasons given for such denial. The appeals officer shall, upon receipt of a written appeal, immediately forward a copy of the appeal to the Committee on Public Access to Records and review the matter and affirm, modify or reverse the denial. If the appeals officer affirms or modifies the denial, he shall, within seven business days of receipt of the appeal:

(a) communicate his reasons for such affirmation or modification to the person making the appeal; and

(b) inform such person of his right to appeal the affirmation or modification under article 78 of the Civil Practice Law and Rules. A copy of all decisions by the appeals officer on appeals will also be forwarded to the Committee on Public Access to Records.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 145-1.7