N.Y. Comp. Codes R. & Regs. tit. 9 § 368.3

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

Section 368.3 - Designation of records access officer

(a) The State Director is responsible for insuring compliance with the regulations herein, and designates the following person as records access officer:

Counsel Officer

New York State Division of Probation and Correctional Alternatives

Four Tower Place

Albany, New York 12203

(b) Records access officers are responsible for insuring appropriate agency response to public requests for access to records. The designation of records access officers shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.

(c) Records access officers 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 records, take one of the following actions:

(i) make records 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 to be made available for inspection:

(i) make a copy available upon payment or offer to pay established fees, if any, in accordance with section 368.9 of this Part; 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 division is not the custodian of such records; or

(ii) the records of which the division is a custodian cannot be found after diligent search.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 368.3