N.Y. Comp. Codes R. & Regs. tit. 9 § 466.7

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

Section 466.7 - Public access to records

(a) Public index. Pursuant to section 87.3 of the Freedom of Information Law, the division shall maintain and make available to the public an index of records. A copy of said index may be obtained from any office of the division during regular office hours.

(b) Request for records. Any person may request to inspect and copy any record in the division's custody which is required to be made available. Such request shall be in writing and sent to the division by mail, facsimile or electronic mail. A form is available on the division's website, www.dhr.state.ny.us.

(c) Inspection of records. Whenever feasible, records are to be made available for inspection at the division office where the request therefor was made. If the requested record is not located at such office, the request form shall be forwarded to the central office, which shall arrange for inspection. Inspection shall be permitted during regular office hours.

(d) Fees.

(1) Unless otherwise prescribed by statute, there shall be no fee charged for:

(i) inspection of records;

(ii) search for records; or

(iii) any certification pursuant to this Part.

(2) Unless otherwise prescribed by statute, copies of records shall be provided:

(i) at a fee in the amount prescribed by section 87 of the Freedom of Information Act; or

(ii) upon payment of the actual cost of reproduction, if the record or personal information cannot be photocopied.

(3) The actual cost of reproduction shall be based upon the average unit cost for copying a record, excluding fixed costs of the agency, such as operator salaries and overhead.

(4) If a copy of the transcript of a public hearing is requested, the division shall refer the applicant to the reporting service.

(e) Appeal of denial of record. Any person denied access to a requested record may, within 30 days, appeal in writing to the commissioner. The commissioner may decide the appeal himself or herself or refer it to general counsel. If the commissioner or general counsel denies access to the requested record, his/her reasons shall be explained fully in writing within seven business days of the time of the appeal.

(f) Designation of records access officer. The records access officer for the division is the division's freedom of information officer. His/her business address is: One Fordham Plaza, Bronx, New York 10458.

(g) Duty of administrative officer. The administrative officer of the division shall maintain a record setting forth the name, public office address, title and salary of every officer or employee of the division, as required by section 87.3(b) of the Freedom of Information Law. He/she shall respond to and comply with requests for any such record made pursuant to the Freedom of Information Law. His/her business address is: One Fordham Plaza, Bronx, NY 10458.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 466.7