N.Y. Comp. Codes R. & Regs. tit. 21 § 6000.7

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

Section 6000.7 - Denial of access to records

(a) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b) If the requested records are not provided promptly, as required in section 6000.5(d) of this Part, such failure shall also be deemed a denial of access.

(c) The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law: Counsel to the Committee, Corning Tower, Empire State Plaza, Room 2361, Albany, NY 12223, (518) 473-1468.

(d) The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:

(1) the date of the appeal;

(2) the date and location of the request for records;

(3) the records to which the requester was denied access;

(4) whether the denial of access was in writing or due to failure to provide records promptly as required by section 6000.5(d) of this Part; and

(5) the name and return address of the requester.

(e) The individual or body designated to hear appeals shall inform the requester of its decision, in writing, within seven business days of receipt of an appeal.

(f) The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to: Committee on Open Government, Department of State, 162 Washington Avenue, Albany, NY 12231.

(g) The person designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (f) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 6000.7