N.Y. Comp. Codes R. & Regs. tit. 9 § 8501.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 8501.3 - Records access officer

(a) The records access officer shall be the Director of Program Planning and Administration and shall be the custodian of the records of the office. Any person wishing to inspect and/or obtain a copy of such records may make application to the records access officer. Such application shall be in writing on a form to be prescribed by the records access officer.

(b) The records access officer shall maintain a reasonably detailed current list, by subject matter, of all records in the office's possession, whether or not records are available pursuant to subdivision 2 of section 87 of the Public Officers Law. The subject matter of the list shall be sufficiently detailed to permit identification of the category of the record sought.

(c) The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The records access officer shall ensure that personnel:

(1) maintain an up-to-date subject matter list;

(2) assist the requester in identifying requested records, if necessary;

(3) upon locating the records, take one of the following actions:

(i) make records available for inspection; and

(ii) access to the records in whole or in part and explain in writing the reason therefor;

(4) upon request for copies of records:

(i) make a copy available upon payment or offer to pay established fees, if any, in accordance with section 8501.9 of this Part; or

(ii) permit the requester to copy those records;

(5) upon request, certify that a record is a true copy; and

(6) upon failure to locate records, certify that:

(i) the office is not the custodian for such records; or

(ii) the records of which the office is a custodian cannot be found after a diligent search.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8501.3