N.Y. Comp. Codes R. & Regs. tit. 9 § 8008.5

Current through Register Vol. 46, No. 15, April 10, 2024

Section 8008.5 - Procedures for requesting and obtaining records

(a) Manner of making requests.

(1) A request for access for division records, except case records which are governed by section 8000.5 of this Subtitle, shall be made in writing to the records access officer.

(2) A request for access to records should reasonably describe the record sought.

(b) Manner of responding to request.

(1) Within five workdays after receipt of a written request for a division record, the records access officer shall determine the status of such record and shall respond in writing by either:

(i) approving the request;

(ii) denying the request;

(iii) acknowledging receipt of the request and stating therein the reasons for the delay and the estimated date by which the request will be approved or denied.

(2) Where the records access officer determines that the record is both within the division's custody and releasable, he shall:

(i) 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; and

(ii) advise the applicant that the record is in the division's custody and make arrangements for inspection or copying at a later time.

(3) Records shall be inspected in the presence of the records access officer or his designee, and may not be removed from the place of inspection without his permission.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8008.5