N.Y. Comp. Codes R. & Regs. tit. 21 § 700.6

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

Section 700.6 - Appeals

(a) If a request for access to a record is denied, the requester may appeal, in writing, within 30 days of the denial.

(b) The chairman, a commissioner, chief counsel or a designated executive, senior or other assistant counsel shall decide appeals from denials of access to records under the Freedom of Information Law. Appeals should be addressed as follows: Records Access Appeals Officer, New York State Commission of Investigation, 270 Broadway, 26th Floor, New York, NY 10007, (212) 577-0700.

(c) The time for deciding an appeal 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 a failure to provide records promptly as required by section 700.3(c) of this Part; and

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

(d) The records access appeals officer will notify the appellant of the appellate decision, in writing, within 10 business days of receipt of an appeal.

(e) The records access appeals officer shall also forward copies of all appeals and appellate decisions to the Committee on Open Government of the Department of State, or its successor.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 700.6