N.Y. Comp. Codes R. & Regs. tit. 6 § 616.8

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

Section 616.8 - Denial of access to records; appeals

(a) Denial of access shall be in writing, stating the reasons therefor pursuant to the exceptions set forth in Public Officers Law, section 87(2) and advising the person denied access of the right to appeal to the FOIL Appeals Officer.

(b) If the department fails to respond to a request within five business days of receipt of a request, as required in subdivision (a) of this section, such failure shall be deemed a denial of access.

(c) Except as provided in section 616.7 of this Part, any person denied access to records may appeal within 30 days of a denial.

(d) Except as provided in section 616.2(c) of this Part, the following person shall hear appeals under the Freedom of Information Law for the denial of access to records, and shall have the authority to delegate all or part of the decisionmaking authority of the FOIL Appeals Officer, when deemed appropriate and/or necessary:

FOIL Appeals Officer

Department of Environmental Conservation

625 Broadway, Albany, NY 12233-1500

Telephone number: (518) 402-9522

(e) The time for deciding an appeal by the FOIL Appeals Officer shall commence upon receipt of written appeal identifying:

(1) the date and location of requests for records;

(2) the records that were denied; and

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

(f) The department shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:

Committee on Open Government

Department of State

One Commerce Plaza, 99 Washington Avenue

Albany, NY 12231-0001

(g) The FOIL Appeals Officer, or as provided in section 616.2(c) of this Part the assistant commissioner for OHMS, shall inform the appellant and the Committee on Open Government of the determination, in writing, within 10 business days of receipt of an appeal. Failure by the department to conform to this requirement shall constitute a denial of records.

(h) Except as provided in section 616.7 of this Part, the FOIL Appeals Officer, or where applicable the assistant commissioner for OHMS, in making a final denial of access to a requested record, as provided for in subdivision (g) of this section, shall inform the requester of the right to court review as provided for in article 78 of the Civil Practice Law and Rules.

(i) With respect to appeals from records in the custody of OHMS, the assistant commissioner for OHMS shall serve as FOIL Appeals Officer.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 616.8