N.Y. Comp. Codes R. & Regs. tit. 9 § 8501.8

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

Section 8501.8 - Denial of access to records and appeals

(a) Denial of access to records shall be in writing stating the reasons therefor and advising the requester of the right to appeal to the appeals officer who shall be the Deputy Director, Office of Business Permits, 17th Floor, Alfred E. Smith Office Building, Albany, N.Y. 12225. The appeals officer shall decide all appeals from denial of access to records in accordance with the provisions of the Freedom of Information Law.

(b) All appeals shall be in writing, addressed to the appeals officer, and mailed or submitted to him within 30 business days after the receipt or denial of access to the requested records, or within 40 business days after the request is made if no response to the request has been received. Each such appeal shall contain at least the following information:

(1) the date or dates on which each such record was requested and the manner in which each was made;

(2) the record or records to which access was denied;

(3) whether the denial of access was:

(i) in writing, and if so, the date thereof; or

(ii) by failure to provide records, or to acknowledge receipt of a request therefor within the time specified in section 8501.7 of this Part; and

(4) the date of the appeal and the name and address of the person making the appeal.

(c) Each appeal made in the manner and within the time specified in subdivision (b) of this section shall be decided by the appeals officer, who shall issue, to the person making the appeal and the Committee on Public Access to Records, a written decision within seven business days of receipt of the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8501.8