N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 6-1.1

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

Section 6-1.1 - Availability of records

(a) The public records of the Department of Public Service may be inspected, in accordance with the provisions of this Part, during regular business hours on Monday through Friday, exclusive of legal holidays, at the offices of the Department of Public Service. Records will be made available to requesting persons in hard copy or electronically as appropriate.

(b) When the requested records are to be transferred between offices or from the State record center, are in use, or are otherwise not available within five business days of receipt of a written request that reasonably describes the records, a written acknowledgment of the receipt of the request and a statement of the approximate date when the request will be granted or denied shall be furnished. When a request will be granted in whole or in part, if circumstances prevent disclosure to the person requesting the records within 20 business days after the date of the acknowledgment of the receipt of the request, a written explanation of the inability to grant the request within 20 business days shall be provided, together with a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. If access to the records is neither granted nor denied within a reasonable time after the date of acknowledgment of receipt of a request, or if the agency fails to conform to the provisions of section 89 (3) of the Public Officers Law, such failure may be construed as a denial of access that may be appealed pursuant to the appeals procedure set forth in 21 NYCRR 1401.7.

(c) A request for public inspection or copying of a record may be made electronically or by mail to the Records Access Officer, Department of Public Service. The records access officer shall respond to such request by electronic mail, provided that the written request does not require a response in some other form.

(d) Appeals pursuant to the procedure set forth in 21 NYCRR section 1401.7 may be submitted in electronic form or by mail to the secretary and shall be heard by the secretary.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 6-1.1