N.Y. Comp. Codes R. & Regs. tit. 9 § 330-1.8

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

Section 330-1.8 - Denial of access to records other than those containing designated trade secrets or critical infrastructure information

(a) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b) Any person denied access to records may appeal in writing within 30 days of such denial.

(c) The following shall hear appeals for denial of access to records under article 6 of the Public Officers Law:

First Deputy Commissioner of General Services or a designee

Office of General Services

41st Floor

Tower Building

Empire State Plaza

Albany, NY 12242

Telephone (518) 474-5988

(d) The time for deciding an appeal by the First Deputy Commissioner or a designee shall commence upon receipt of written appeal identifying:

(1) the date of a request for records;

(2) the records to which the requester was denied access; and

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

(e) The First Deputy Commissioner or a designee shall inform the requester of a decision in writing within 10 business days of receipt of an appeal, which decision shall either fully explain the reasons for further denial or grant access to the records sought. Failure of the Office of General Services to conform to the provisions of this subdivision shall constitute a denial.

(f) A final denial of access to a requested record, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 330-1.8