N.Y. Comp. Codes R. & Regs. tit. 6 § 616.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 616.2 - Designation of records access officer

(a)

(1) The Commissioner of Environmental Conservation is responsible for ensuring compliance with this Part. The commissioner designates the following person to coordinate these efforts: Records Access Officer, Department of Environmental Conservation.

(2) The records access officer shall coordinate the response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.

(b) The records access officer is responsible for ensuring that department personnel:

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

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

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

(i) make records promptly available for inspection; or

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

(4) upon request for copies of records:

(i) make a copy available upon payment or offer to pay established fees, if any; or

(ii) permit the requester to copy those records;

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

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

(i) the Department of Environmental Conservation is not the custodian for such records; or

(ii) the records of which the Department of Environmental Conservation is a custodian cannot be found after diligent search;

(7) notify requester that the records sought cannot be retrieved by use of the description provided without extraordinary search methods being employed by the department.

(c) The department's Chief Administrative Law Judge shall be the coordinator responsible for reviewing and responding to all Freedom of Information Law requests under this Part for records that are in the custody of the Office of Hearings and Mediation Services ("OHMS"). The Assistant Commissioner for OHMS shall be the FOIL Appeals Officer on any appeal that is taken from a determination of the Chief Administrative Law Judge. Appeals from such determinations shall be sent to:

Assistant Commissioner, Office of Hearings and Mediation Services

Department of Environmental Conservation

625 Broadway, Albany, NY 12233-1010

Telephone number: (518) 402-8537

N.Y. Comp. Codes R. & Regs. Tit. 6 § 616.2