N.Y. Comp. Codes R. & Regs. tit. 9 § 462.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 462.3 - Appeal procedure

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to this section may, within 30 business days of such denial, appeal the denial.

(b) Such appeal shall be in writing and shall be addressed to the Commissioner of Parks, Recreation and Historic Preservation at the address shown at section 461.8(c) of this Title, and shall contain the following:

(1) the date and location of the request for a record or for 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 the receipt of a complete appeal of a denial of access, or within 30 business days where the appeal concerns a denial of a request for correction or amendment, the commissioner shall:

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

(2) fully explain in writing the factual and statutory reasons for further denial, and inform the data subject to 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 and for which the agency has a record of such disclosure or the data subject supplies the name.

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

N.Y. Comp. Codes R. & Regs. Tit. 9 § 462.3