N.Y. Comp. Codes R. & Regs. tit. 18 § 226.2

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

Section 226.2 - Records access officer

(a) Designation. The deputy executive director of the board, Agency Building #1, Empire State Plaza, Albany, NY 12238, is designated as records access officer for all board records.

(b) Functions. The records access officer is responsible for appropriate responses to requests for access to records within the time limits specified in subdivision (c) of this section. He shall maintain a current list of all board records in accordance with section 226.7 of this Part, and a record setting forth the name, public office address, title and salary of every officer or employee of the board, and shall, either directly or through staff personnel under his supervision and direction:

(1) assist a requester in identifying requested records, if necessary;

(2) upon locating the records:

(i) make records promptly available for inspection; or

(ii) deny access to the records in whole or in part and explain in writing the reasons therefor;

(3) upon request for copies of records:

(i) make a copy available; or

(ii) permit the requester to copy these records;

(4) upon request, certify that a transcript is a true copy of records copied; and

(5) upon failure to locate records, certify that:

(i) the board is not the legal custodian for such records; or

(ii) the records of which the board is the legal custodian, after diligent search, cannot be found.

(c) Except under extraordinary circumstances, the records access officer shall respond to a request for records no more than five business days after receipt of the request, whether the request is oral or in writing. If, because of extraordinary circumstances, more than five business days are required to respond to a request, he shall acknowledge receipt of the request within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a response will be made, to be within 10 business days after the date of such acknowledgment.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 226.2