N.Y. Comp. Codes R. & Regs. tit. 12 § 700.9

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

Section 700.9 - Denial of access to records

(a) This section shall apply to records or parts of records not alleged to contain trade secrets.

(b) The denial of access to records shall be in writing, stating the reason therefor and advising the requestor of the right of appeal to the Commissioner of Labor, Department of Labor, Building 12, State Campus, Albany, NY 12240.

(c) If no response is made to a request for records within five business days after its receipt, the request shall be deemed to have been denied.

(d) Any person denied access to records may appeal within 30 days of a denial. Such appeals shall be decided by the Commissioner of Labor or his designee.

(e) The time for an appeal shall commence upon receipt of written appeal enclosing copies of the written request for the record or records and the denial of access thereto, if in writing, and providing the following information to the extent not indicated in the request for the records:

(1) the date of the appeal;

(2) the date of the request and the record or records that were denied; and

(3) the name and return address of the appellant.

(f) The Commissioner of Labor or his designee shall transmit to the Committee on Public Access to Records, Department of State, Albany, NY, copies of all appeals upon receipt thereof. The appellant and the Committee on Public Access to Records shall be informed of the determination of the appeal in writing within seven business days of receipt of an appeal.

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

N.Y. Comp. Codes R. & Regs. Tit. 12 § 700.9