N.Y. Comp. Codes R. & Regs. tit. 19 § 80.2

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

Section 80.2 - Designation and duties of the records access officer

The Secretary of State (secretary is responsible for administering the Freedom of Information Law at the Department of State (department) and designates the Public Information Officer as records access officer and may designate assistant records access officers as necessary.

(a) The records access officer shall:

(1) coordinate the department's response to public requests for access to reasonably described records;

(2) provide information concerning the nature and location of records;

(3) maintain a current list of records, indexed according to subject matter, for public inspection;

(4) respond to all inquiries relating to the availability to the public of the department's records pursuant to the Freedom of Information Law;

(5) receive and process requests for access to records in the manner prescribed by this Part;

(6) receive and process requests for the copying of records in the manner prescribed by this Part;

(7) upon request indicate the manner in which records are filed, retrieved or generated;

(8) receive the cooperation and assistance of all personnel of the department in the performance of his functions under this Part;

(9) prescribe the duties of and supervise the assistant records access officer(s) described by the records access officer; and

(10) charge and receive for the copying of records the fee prescribed by section 96 of the Executive Law.

(b) Upon locating the records, the records access officer shall take one of the following actions:

(1) make the records available for inspection; or

(2) make a copy available upon receipt of payment of fees described in section 96 of the Executive Law; or

(3) deny access to the records in whole or in part and explain in writing the reasons for the denial.

(c) Upon request, the records access officer shall certify that a record is a correct copy upon receipt of payment of the applicable fee.

(d) If unable to locate the requested records, the records access officer shall certify that:

(1) the records cannot be found after diligent search; or

(2) the department is not the custodian for such records.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 80.2