N.Y. Comp. Codes R. & Regs. tit. 21 § 4900.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4900.8 - Denial of access and appeals

Denial of access to any records shall be in writing, stating the reason therefor and advising the requester of his right to appeal pursuant to the rules in this section.

(a) Any failure of the authority to provide records promptly, as required in section 4900.7 of this Part, shall be deemed a denial of access.

(b) Any person denied access to a record may appeal, in writing, within 30 days of such denial.

(c) The chairman of the authority shall hear appeals. Notices of denial of access shall contain the chairman's name, title, business address and business telephone number, together with a statement of the right to appeal.

(d) Within seven business days of receipt of an appeal, the chairman of the authority shall inform the requester of his decision in writing. Such final denial shall be subject to review under article 78 of the New York Civil Practice Law and Rules.

(e) Upon failure to locate records, the officer designated in section 4900.3 of this Part shall either certify that the authority or one of its subsidiaries is not legal custodian for such records, or that the authority or one of its subsidiaries is legal custodian and the records cannot be found.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4900.8