N.Y. Comp. Codes R. & Regs. tit. 21 § 9650.6

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

Section 9650.6 - Procedures for appeals

(a) The executive director shall be designated as appeals officer to hear appeals from denials of requests by a records access officer.

(b) When a request for inspection has been denied in writing in whole or in part by a records access officer, the requesting party shall have 30 days after receipt of the denial within which to appeal. An appeal shall be in writing, addressed to the appeals officer, and shall include the name of the records access officer who denied the request, the date of the request, the date or the denial, the records which were the subject of the request and the name and address of the appellant.

(c) Each appeals officer shall transmit to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, NY 12231, copies of all appeals upon their receipt.

(d) Within 10 business days from the date of actual receipt of an appeal, the appeals officer shall make a written determination either affirming or reversing the denial and shall transmit copies of the determination to the appellant and the Committee on Open Government. A determination affirming a denial shall state the grounds for withholding the requested records and that judicial review of the denial may be obtained in a proceeding under article 78 of the Civil Practice Law and Rules commenced within four months after determination of the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9650.6