New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records must be in writing.
					 Any written request for records shall be deemed to be a request for records
					 pursuant to the Freedom of Information Law, whether or not the Freedom of
					 Information Law is mentioned in the request. A request for records may be sent
					 to the State Energy Planning Board records access officer.
(b) A request for access to records must
					 reasonably describe the records requested. Where possible, specific information
					 regarding dates, title, file designations, and other information which may help
					 identify the records, should be supplied by the requester. Where the
					 information supplied by the requester is not sufficient to permit
					 identification and location of the records by board staff without an
					 unreasonable amount of effort, the requester will be contacted and asked to
					 supply the necessary information. Every reasonable effort shall be made by
					 board staff to assist in the identification and location of requested
					 records.
(c) The board shall
					 respond to a written request which reasonably describes the records sought
					 within five business days of receipt of the request. When appropriate, the
					 response shall include a statement that access to the records sought will be
					 determined in accordance with section
					 7842.6 
					 of this Part, "Confidential information."
(d) If the board does not provide or deny
					 access to the record sought within five business days of receipt of a request,
					 the records access officer shall furnish a written acknowledgment of receipt of
					 the request 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
					 7842.6 
					 of this Part. If the board determines to grant a request in whole or in part,
					 and if circumstances prevent disclosure to the person requesting the records
					 within 20 business days from the date of the acknowledgment of the receipt of
					 the request, the records access officer 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. Reasons for an inability to
					 grant a request within 20 days may include, but are not limited to, the
					 following:
(1) when it is necessary to search
					 for and collect the requested records from board members or other entities that
					 are separate from the board; or
(2)
					 the request requires the search for, collection or examination of a voluminous
					 amount of records The response may set forth a request on the part of the board
					 to confer with the requester to review the request to determine which records
					 will satisfy the objectives and needs of the requester. The board's failure to
					 conform to these provisions shall constitute a denial of access to records
					 subject to administrative appeal pursuant to section
					 7842.8 
					 of this Part.