N.Y. Comp. Codes R. & Regs. tit. 21 § 700.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 700.2 - Designation of records access officer

(a) The chairman or chief counsel of the commission will designate either the executive, senior or other assistant counsel as the records access officer.

(b) The records access officer is responsible for insuring appropriate agency response to requests for access to records. All inquiries regarding requests for records under the Freedom of Information Law should be directed to the records access officer. The designation of a records access officer shall not be construed to prohibit officials who in the past have been authorized to make records or information available to the public from continuing to do so.

(c) The records access officer shall insure that personnel:

(1) maintain an up-to-date subject matter list;

(2) assist the requester in identifying requested records, if necessary;

(3) upon locating the record, take one of the following actions:

(i) make the record available for inspection; or

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

(4) upon request for copies of available records, make a copy available upon payment of established fees, if any;

(5) upon request, certify that a copy of a record is a true copy; and

(6) upon failure to locate records, indicate that:

(i) the commission does not have possession of the record sought;

(ii) the commission cannot locate the record sought after having made a diligent search; or

(iii) the information sought cannot be retrieved by use of the description thereof, without extraordinary search methods being employed by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 700.2