N.Y. Comp. Codes R. & Regs. tit. 9 § 9950.9

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

Section 9950.9 - Appeals of denial of access to records

(a) Except as provided for in section 9950.8 of this Part, any person who has been denied access to records by the records access officer may appeal such denial in writing within 30 days to the records access appeals officer.

(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:

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

(2) the records to which the requestor was denied access; and

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

(c) The records access appeals officer shall, on receipt, forward a copy of the appeal to the Committee on Open Government and within 10 business days review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial of access was erroneous, he/she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.

(e) If the records access appeals officer affirms or modifies the denial, he/she shall communicate the determination and reasons in writing to the person making the appeal and inform such person of the right of judicial appeal with a copy to the Committee on Open Government.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9950.9