N.Y. Comp. Codes R. & Regs. tit. 1 § 360.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 360.7 - Denial of access to records

(a) Any denial of access shall be in writing stating the reason therefor and advising the requester of his right to appeal to the individual designated to hear appeals.

(b) The Director of Administration, James Burnes, who is located at the main address of the department, is hereby designated to hear appeals from a denial of access to records. His number is (518) 457-2737.

(c) Any failure to provide requested records within five days of receipt of request, as set forth in this Part, shall be deemed a denial of access by the department.

(d) Any person denied access may appeal within 30 days of such denial to the aforementioned person designated to hear appeals.

(e) The time for deciding an appeal shall commence upon receipt, by the individual designated to hear appeals, of a written appeal identifying:

(1) the date of the request for records and to whom their questions were sent;

(2) the specific records to which the requester was denied access;

(3) the name and address of the appellant; and

(4) a copy of any written denial should accompany the appeal.

(f) The individual designated to hear appeals shall inform the appellant and the commission on public access to records of the determination on the appeal in writing within seven business days following the day of receipt of an appeal.

(g) A final denial of access to a requested recorded, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Laws and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 360.7