N.Y. Comp. Codes R. & Regs. tit. 6 § 616.5

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

Section 616.5 - Request for public access to records

(a) A request for records must be in writing. Requests for records can be sent to the department via regular mail at: Records Access Officer, New York State Department of Environmental Conservation, 625 Broadway, 14th Fl., Albany, NY 12233-1500 or via electronic mail at: foil@gw.dec.state.ny.us.

(b) A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.

(c) A response to a request which reasonably describes the record or records sought shall be made within five business days of receipt of the request. Where appropriate, the response shall include a statement that access to the record or records sought will be determined in accordance with section 616.7 of this Part.

(d) If the department does not provide or deny access to the record sought within five business days of receipt of a request, the department shall furnish a written acknowledgment of receipt and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when the request will be granted or denied, including, where appropriate, a statement that access to the record will be determined in accordance with section 616.7 of this Part. If the department determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgment of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. The department's failure to conform to these provisions shall constitute a denial of access to records subject to administrative appeal pursuant to section 616.8 of this Part.

(e) No records may be removed by the requester from the office where the record is located without the permission of the supervisor responsible for origination of the record.

(f) If the department has reasonable means available, the department will respond to requests for records by electronic mail unless another form of response is requested.

(g) The department shall provide records on the medium requested by a person, if the department can reasonably make such a copy or have such copy made by engaging an outside professional service.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 616.5