N.Y. Comp. Codes R. & Regs. tit. 14 § 510.10

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

Section 510.10 - Appeal of denial of access to records

(a) Any person denied access to a record pursuant to section 510.9 of this Part has the right to appeal such decision. Such appeal shall be submitted in writing, within 30 days of receipt of the denial, to the commissioner or his or her designee. The written appeal shall identify:

(1) the date of the request for access to the record;

(2) the name and business address of the records access officer;

(3) the record to which the appellant was denied access; and

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

(b) Within 10 business days of receipt of an appeal, the commissioner or his or her designee shall:

(1) provide access to the record sought; or

(2) fully explain in writing to the person requesting the record the reasons for further denial.

(c) Upon receipt of transmittal by the Office of Mental Health, copies of all appeals and related determinations shall be forwarded to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231.

(d) Failure by the Office of Mental Health to conform to the provisions of this section shall constitute a denial of appeal.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 510.10