N.Y. Comp. Codes R. & Regs. tit. 9 § 8450.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 8450.8 - Requests for public access to records

(a) Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request.

(b)

(1) Except under extraordinary circumstances, officials shall respond to a request for records not more than five business days after receipt of the request, whether the request is oral or in writing.

(2) If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made.

(3) If access to records is neither granted nor denied within 10 days after the date of acknowledgment of receipt of a request, action or inaction may be construed as a denial of access that may be appealed.

(c) A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.

(d)

(1) A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974 shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the records sought. The agency shall maintain a list, whether it is or is not available for such information under article 6 of the Public Officers Law.

(2) The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.

Note: To assist requesters, a copy of the subject matter list may be filed with regulations governing access to records

(e) No records may be removed by the requester from the office where the record is located without the permission of the executive deputy director or chief account clerk.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8450.8