N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 330-2.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 330-2.9 - Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 330-2.8 of this Subpart may, within 30 days of such denial, appeal to the First Deputy Commissioner of the Office of General Services.

(b) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1) the date and location of a request for a record or amendment or correction of a record or personal information;

(2) the record that is the subject of the appeal; and

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

(c) Within seven business days of an appeal of a denial of access, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeals shall:

(1) provide access to or correct or amend the record or personal information; or

(2) fully explain, in writing, the factual and statutory reasons for further denial, and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e) The agency shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Subpart upon receipt, the determination thereof and the reasons therefor at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 330-2.9