N.Y. Comp. Codes R. & Regs. tit. 9 § 6400.6

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

Section 6400.6 - Appeals

Any person whose application to inspect or copy records has been denied pursuant to section 6400.5 of this Part may appeal such denial, within 30 days after the date thereof, to the executive director at 80 Centre Street, New York, New York 10013. Such appeal must be in writing and must set forth: the name and address of the applicant; the date of the request for records; the specific record(s) to which access was denied; whether the denial of access was in writing or was due to failure to provide records promptly in accordance with section 6400.2(d) of this Part; and the reasons, if any, given for such denial. The executive director shall, upon receipt of a written appeal, transmit a copy thereof to the Committee on Public Access to Records, review the matter and affirm, modify or reverse the denial. Within seven business days of receipt of the appeal, the executive director shall:

(a) communicate his or her reasons for such determination to the person making the appeal;

(b) inform such person of his or her right to appeal such affirmation or modification under article 78 of the Civil Practice Law and Rules; and

(c) transmit to the Committee on Public Access to Records copies of the appeal and determination thereon.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6400.6