reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.11 - Time limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Under these rules adjudicatory proceedings shall be conducted in an expeditious
				manner with all due regard for the rights of the parties concerned. Every
				effort should be made by the parties to effectuate a speedy disposition of the
				case.
(b) Parties to any hearing or
				proceeding are required to file all papers, statements, proofs, and other
				evidence with the hearing officer at a time to be designated by the officer. An
				extension of time for filing those items will be granted by the hearing officer
				only upon formal request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.12 - Decision after hearing or proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All final recommendations of the hearing
				officer, and all decisions and determinations of the executive director and the
				commission, shall be in writing or stated in the record and shall include
				findings of fact, conclusions of law, and reasons for the decision or
				determination and, when appropriate, shall direct that specific action be taken
				by the parties. The final decisions or determinations of the commission and the
				executive director shall be binding upon the commission.
(b) A copy of all final decisions and
				determinations of the executive director and the commission and recommendations
				of the hearing officer shall be made available to the parties to the hearing or
				proceeding, and shall be delivered or mailed forthwith to each party and to its
				representative of record.
(c)
				Except as required for the disposition of ex parte matters authorized by law,
				members or employees of the commission assigned to make a determination or
				decision, or to make findings of fact and conclusions of law in any hearing or
				proceeding, shall not communicate directly or indirectly, in connection with
				any issue of fact, with any person or party, nor in connection with any issue
				of law, with any party or its representative, except upon notice and
				opportunity for all parties to participate. Any member or employee of the
				commission may communicate with other members or employees and may have the aid
				and advice of agency staff, including Counsel to the commission, other than
				staff which has been or is engaged in the investigative or prosecuting
				functions in connection with the case under consideration or a factually
				related case.
(d) The commission
				shall maintain the final decision or determination in any hearing or proceeding
				in a file with an index by name of party and subject matter. The index and the
				notice of civil assessment, if any, shall not be made available for public
				inspection and copying except as provided in section
				9977.18 
				of this Part. Each decision or determination shall be so filed and indexed
				within 60 days after having been rendered.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.13 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer, exercising discretion, may elect to
				  conduct any hearing or proceeding under these rules ex parte after a showing
				  that the party who is the subject of the hearing and its representative of
				  record have been notified by certified mail of the pending hearing or
				  proceeding or otherwise served with notice of the hearing. The party who is the
				  subject of the hearing shall at no time be deprived of the opportunity to
				  appear. However, if a party has been served with two written notices of a
				  hearing and fails to appear after each notice, the hearing officer, upon proof
				  of service, shall have the authority to proceed with the scheduled hearing.
				  Proof of service shall consist of a signed certified mail receipt or
				  affidavit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.14 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
All hearings or proceedings under these rules shall be
				  conducted by a hearing officer, designated by the executive director, who shall
				  have the power and authority of presiding officers or hearing officers as
				  defined by the State Administrative Procedure Act (SAPA), any other pertinent
				  statute, and these regulations. The hearing officer shall be an individual who
				  has in no way been involved with the action or proceeding in
				  question.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.15 - Powers and duties of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing officer is authorized to do the
				following in any hearing or proceeding to which he or she is assigned:
(1) administer oaths and
				affirmations;
(2) at the request of
				any party, sign and issue subpoenas in the name of the commission requiring the
				attendance and giving of testimony by witnesses and the production of books,
				papers, documents, and other evidence. Subpoenas shall be regulated by the
				Civil Practice Law and Rules. Nothing herein contained shall affect the
				authority of an attorney for a party to issue such subpoenas under the
				provisions of the Civil Practice Law and Rules;
(3) provide for the taking of testimony by
				deposition;
(4) regulate the course
				of the hearings, set the time and place for continued hearings and the time for
				filing of briefs and other documents;
(5) direct the parties to appear and confer
				to consider the simplification or settlement of the issues by consent of the
				parties; and
(6) prepare findings
				of fact and recommendations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.16 - Fines, penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
				the close of the hearing or proceeding, the hearing officer shall make findings
				of fact and a recommendation as to the appropriate penalty or fine to be
				assessed or any other action to be taken. The proposed findings of fact and
				recommendation shall be transmitted to the commission for approval and
				simultaneously mailed or delivered to the parties to the proceeding. The
				parties shall have an opportunity to respond in writing, in the form of a
				brief, to the findings of fact and recommendation of the hearing officer, and
				such written response shall be directed to the commission for its consideration
				within 15 days after the submission of the hearing officer's recommendation to
				the commission. In their brief submitted in response to the findings of fact
				and recommendation of the hearing officer, the parties may not submit or
				discuss evidence which is not a part of the official record of the hearing or
				proceeding. The commission shall act on the findings of fact and recommendation
				as expeditiously as possible. The commission may affirm or reverse the findings
				of fact and recommendation of the hearing officer in whole or in part, or it
				may remand and/or dismiss the proceeding based upon the record produced at the
				hearing.
(b) The assessment of
				civil penalties under the applicable law and procedures shall not preclude the
				referral of an appropriate violation to a prosecutor for prosecution of
				criminal charges, except where the violation is of General Municipal Law,
				section
				813(13).
(c) If the alleged violation has been
				established, and the commission determines in light of all the circumstances
				that the violation is not serious enough to warrant assessment of a civil
				penalty, or if the imposition of civil penalties is not otherwise authorized by
				law, the commission in its discretion may take such other action as
				appropriate, including but not limited to a written admonition or a
				recommendation that disciplinary action be taken or a referral to a prosecutor
				for prosecution of criminal charges. The commission may forward a copy of such
				admonition or recommendation for disciplinary action to the individual's
				appointing authority, as appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.17 - Record of hearing or proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record in hearings or proceedings
				under these rules shall include:
(1) all
				notices, pleadings, motions, and intermediate rulings;
(2) evidence presented;
(3) a statement of matters officially
				noticed, except matters so obvious that a statement of them would serve no
				useful purpose;
(4) questions and
				offers of proof, objections thereto, and rulings thereon;
(5) proposed findings and exceptions, if
				any;
(6) any findings of fact,
				conclusions of law, or other recommendations made by the hearing officer;
				and
(7) any decision,
				determination, opinion, order, or report rendered.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.18 - Privacy/confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding
				the provisions of article 6 of the Public Officers Law, the only records of the
				commission which shall be available for public inspection are:
(1) the information set forth in the Annual
				Statement, except the categories of value or amount, which shall remain
				confidential, and any other item of information deleted pursuant to General
				Municipal Law, section
				813(9)(h) or
				813(17)(h);
(2) notices of delinquency sent under General
				Municipal Law, section
				813(11);
(3) notices of reasonable cause sent under
				General Municipal Law, section
				813(12)(b); and
(4) notices of civil assessment imposed under
				General Municipal Law, section
				813(13).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9977 - Adjudicatory Proceedings And Appeals Procedure › Section 9977.19 - Appeals from Public Advisory Council decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grounds for appeal of decisions of the
				Public Advisory Council.
(1) Any person
				required to file an annual statement, whose written request for deletion of one
				or more items of information has been denied in writing by the Public Advisory
				Council, may file with the commission pursuant to these rules a written appeal
				of the denial within 15 days after receipt of the denial.
(2) Any person required to file an annual
				statement, whose written request to the Public Advisory Council for exemption
				from any requirement to report one or more items of information which pertain
				to the person's spouse or unemancipated children has been denied in writing by
				the Public Advisory Council, may file with the commission pursuant to these
				rules a written appeal of the denial within 15 days after receipt of the
				denial.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
				statement shall mean the annual statement of financial disclosure filed with
				the commission pursuant to local law, ordinance, or resolution or filed
				pursuant to General Municipal Law, section
				811 or
				812.
(b) Commission shall mean the Temporary State
				Commission on Local Government Ethics, established pursuant to General
				Municipal Law, section
				813.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to General Municipal Law, section
				  813(18)(a)(1), the
				  commission shall make available for public inspection the information set forth
				  in an annual statement, except that the categories of value or amount set forth
				  in the annual statement and any other item of information deleted from the
				  statement pursuant to General Municipal Law, section
				  813(9)(h) or
				  813(17)(h) shall remain
				  confidential and not be available for public inspection.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.3 - Statements access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director of the commission is hereby designated
				  as the statements access officer. The statements access officer shall:
(a) coordinate the commission's response to
				requests for public inspection of annual statements;
(b) provide information concerning the
				location of the annual statements, maintain a current list of annual statements
				for public inspection and respond to all inquiries relating to the availability
				to the public of the annual statements;
(c) receive and process requests for public
				inspection of annual statements in the manner provided in these regulations;
				and
(d) designate one or more
				members of the staff of the commission, as necessary, to serve as assistant
				statements access officer, and such assistants shall have the same functions
				and responsibilities as the statements access officer, except for the power to
				designate other assistants.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.4 - List of statements

Current through Register Vol. 46, No. 28, July 10, 2024
The statements access officer shall maintain and make
				  available for public inspection a current list of those annual statements which
				  are available for public inspection. The list shall be sufficiently detailed to
				  permit the requester to identify the annual statement sought. The list shall be
				  updated periodically, as required, to add any additional annual statements that
				  have been filed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.5 - Requests for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No member of the public shall be
				permitted to inspect an annual statement unless he or she has first submitted a
				request for public inspection of annual statements. A request for public
				inspection of annual statements shall be in writing on a form provided by the
				commission for such purpose and shall be identified as a request for public
				inspection under General Municipal Law, section
				813(18)(a)(1).
(b) The request shall be filed with the
				statements access officer, Temporary State Commission on Local Government
				Ethics, 54 North Central Avenue, Elmsford, NY 10523 or such other address as
				the commission shall designate.
(c)
				The statement access officer may permit individuals to act as agent or
				authorized representative of the person seeking to inspect an annual
				statement.
(d)
(1) The statements access officer shall
				respond to a request for public inspection as soon as possible, but no later
				than 10 business days after the day of the receipt of the request.
(2) If more than 10 business days are
				required to act upon a request for public inspection, the statements access
				officer shall issue an acknowledgement of the receipt of the request within 10
				business days after the request is received. The acknowledgement shall include
				an estimate of the date that the annual statement shall be available for public
				inspection.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.6 - Inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
				statements may be inspected by the public in accordance with these regulations
				at the office of the commission every day that the office is open for business,
				during the hours 9 a.m. through 12 noon and 1 p.m. through 4 p.m. At the
				discretion of the statements access officer, the records may also be inspected
				at other times and places.
(b) The
				statements access officer shall delete from public inspection the categories of
				value or amount contained in the annual statements or any other item of
				information deleted from the statement pursuant to General Municipal Law,
				section
				813(9)(h) or
				813(17)(h).
(c) The annual statements are not available
				for photocopying, photographing, or mechanical duplication in any manner.
				Handwritten notes may be taken.
(d)
				No annual statement shall be removed from the custody of the
				commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle LL - Temporary State Commission on Local Government Ethics › Part 9978 - Public Inspection Of Annual Statements Of Financial Disclosure › Section 9978.7 - Notice of subjects of requests for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who wishes to know if he or she has been the
				  subject of a request for public inspection may request from the commission
				  notification of whether such a request has been filed. That notification shall
				  not indicate by whom the request was made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10000 - Security Officer Training Tax Credit › Section 10000.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
These rules and regulations set forth the application process
				  for the New York State Office of Homeland Security 'Security Officer Training
				  Tax Credit Program' as set forth in subsection (e) of Tax Law section 26 as
				  added by chapter 537 of the Laws of 2005. A taxpayer, which is subject to tax
				  under article 9, 9-A, 22, 32 or 33 of the Tax Law and is a qualified building
				  owner, shall be allowed a tax credit in the amount of $3,000 for each full-time
				  qualified security officer who has been trained according to the Office of
				  Homeland Certified Training Program. The Director of the Office of Homeland
				  Security has the authority to promulgate regulations to establish procedures
				  for the application and allocation of such credits and any other provisions
				  necessary and appropriate to implement this program per Tax Law subdivision (e)
				  of section 26 and paragraph (n) of subdivision (2) of section 709  of the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10000 - Security Officer Training Tax Credit › Section 10000.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this regulation, the following terms shall have
				  the following meanings:
(a) Qualified
				building owner means a building owner whose building entrances, exits and
				common areas are protected by security officers, registered under article 7-A
				of the General Business Law, whether or not such security officers are employed
				directly by the building owner or indirectly through a contractor.
(b) Building means any commercial building
				under ownership of a qualified building owner that contains at least 500,000
				square feet whose entrances, exits and common areas are protected by security
				officers licensed under article 7-A of the General Business Law.
(c) Security officer means a security guard
				registered and subject to article 7-A of the General Business Law.
(d) Qualified security officers means
				security officers who:
(1) are employed in
				positions which are under a legally binding written agreement, including a
				service contract between qualified building owners and security contractors,
				enforceable by employees, that provides for a minimum hourly wage rate of at
				least $9.50 for the calendar year 2005; $9.85 for the calendar year 2006; and
				$10.85 for the calendar year 2007 and thereafter; and
(2) have completed the Office of Homeland
				Security certified security training program as set forth in this
				section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.1 - Notes

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709(2)(n); Public
				  Officers Law, § 87(1)(b)
Statutory authority: Executive Law, §709(2)(n); Public
					 Officers Law, §87(1)(b) ]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, §§ 709, 710; Public
				  Officers Law, § 86 Unless the context requires otherwise, the definitions used
				  in this Part have the following meanings.
(a)
Director
means the head
				of the New York State Office of Homeland Security, as established by section 709  of the Executive Law.
(b)
Office of the New York State
				Office of Homeland Security
means such offices throughout the State as
				may be designated by the director, and as established by section 710  of the Executive Law.
(c)
Record
means a document,
				as defined by subdivision 4 of section 86  of the Public Officers Law.
(d)
Critical infrastructure
				information
means information about those systems, assets places or
				things as defined by subdivision 5 of section 86  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.3 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, §§ 709(2)(n), 710; Public
				  Officers Law, § 87(1)(b)
The New York State Office of Homeland Security has
				  promulgated these rules in accordance with article 6 of the New York State
				  Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.5 - Requests for inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers
				  Law, §§ 87(1)(b), 89(3)
(a) All
				requests to inspect or copy records shall be made in writing and directed to
				the records access officer at the Office of Homeland Security; no oral requests
				to the records access officer to inspect or copy a record shall be permitted.
				All requests to inspect or copy records, or to have copies made of records,
				shall adequately describe the record sought, and whenever possible, the
				requesting party shall supply information as to dates, file designations, and
				other information that may help to identify the record sought. In the event the
				request does not adequately describe the record sought the party will be so
				notified.
(b) Upon receipt of a
				proper written request to search for records, the records access officer or a
				duly authorized party shall make a search for the requested record.
(c) All written requests to inspect, copy, or
				to have copies made of a record shall be responded to within five business days
				from the receipt of a written request for a record reasonably described. Such
				response shall be made in writing by the records access officer and shall make
				said record available to the person requesting it, deny such request or provide
				an acknowledgment of the request and provide a statement of the approximate
				date, which shall be reasonable under the circumstances, when such request
				shall be granted or denied.
(d)
				When the records access officer determines within 20 business days that a
				request is to be granted in whole or in part but the documents cannot be
				provided within those 20 days, a written statement shall be issued by the
				records access officer stating the reasons for the inability to grant the
				request within 20 business days and shall contain a date certain, within a
				reasonable period, when the request will be granted in whole or in part. If a
				request to inspect or copy a record is denied by the records access officer,
				the records access officer shall so notify the requesting party of the reasons
				for the denial and the right to appeal such denial within 30 days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.6 - Requests for exception of trade secrets or critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers,
				  §§ 87(1)(b), 89(5)
(a) A person acting
				pursuant to law or regulation who submits any information to the Office of
				Homeland Security may, at the time of submission, request that the office
				except such information from disclosure pursuant to section 89(5)(1) and
				paragraph (d) of subdivision (2) of section 87  of the Public Officers Law and may at any
				time, request that such information be excepted from disclosure pursuant to
				section 89(5)(1-a) and in accordance with the following:
(1) where the request itself contains
				information which if disclosed would defeat the purpose for which the exception
				is sought, such information shall also be excepted from disclosure;
(2) the party submitting the information
				shall do so in writing and shall state the reasons why the information should
				be excepted from disclosure, including where appropriate, why disclosure would
				likely cause substantial injury to the competitive position of the subject
				enterprise; and
(3) the submitting
				party shall clearly label the information sought to be excepted from disclosure
				by labeling each document page "trade secret" or "critical infrastructure
				information".
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.7 - Requests for inspection and copying of excepted trade secrets or critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Requests for information excepted or requested to be excepted from disclosure
				pursuant to article 6, section 89 (5)  of the Public Officers
				Law shall be made as described in section
				10025.5,
				subdivisions (a) through (d) and in accordance with section
				10025.6 
				of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.8 - Location of records for inspection: hours

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers
				  Law, § 87(1)(b)
All original records of the Office of Homeland Security are
				  kept at its offices. Unless otherwise directed by the records access
				  officer:
(a) inspection of an original
				record or a copy, in whole or in part, shall be made at the Office of Homeland
				Security facility closest to the requesting party between 10:00 a.m. and 4:00
				p.m. Monday through Friday. No inspections will be permitted on official State
				holidays;
(b) any inspection shall
				be by prior arrangement as directed by the records access officers; any
				inspection shall be made in the presence of and under the supervision of an
				employee of the Office of Homeland Security; and
(c) records approved for disclosure by the
				records access officer or any portions thereof, may in the discretion of the
				records access officer, where applicable and after receipt of all duplication
				fees, be forwarded to the requesting party at the address provided by the
				requesting party. The Office of Homeland Security shall not be responsible for
				misdirected mailings. Nothing herein shall prohibit the waiver by the records
				access officer of any fee for duplication of records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.9 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers
				  Law, § 87(1)(b)
(a) Denial of access
				to records, other than requests seeking records pursuant to article 6, section 89 (5)  of the Public Officers
				Law, may be appealed by the aggrieved party to the chief counsel for the Office
				of Homeland Security, who is designated by the director to hear and determine
				appeals on denial of access to records. An appeal shall be made no late than 30
				days from the date the requesting party is advised of the denial by the records
				access officer; this 30-day time limitation shall be computed from the
				postmarked date of the written notification of denial sent to the requesting
				party.
(b) Appeals based on denial
				of access to records shall be made in writing by the aggrieved party making the
				request. These appeals shall be addressed to the Office of Homeland Security
				and directed to the attention of the Chief Counsel, Public Access to Records
				Appeal and shall contain the following information:
(1) the date and location of the request for
				records;
(2) the identification of
				records to which the requesting party was denied access;
(3) the name and return address of the
				requesting party; and
(4) the
				reason(s) for the denial.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.10 - Denial of requests to except or access trade secrets and critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers
				  Law, §§ 87(1)(b), 89(5)
(a) Appeals
				from persons seeking an exception or disclosure of records pursuant to article
				6, section 89 (5)  of the Public Officers
				Law shall be made to the Chief Counsel for the Office of Homeland Security, who
				is designated by the director to hear and determine appeals on denial of access
				to records. Any appeal shall be within seven business days from receipt of the
				notice granting or denying a request.
(b) The chief counsel shall inform the
				requesting party seeking records excepted pursuant to article 6, section 89 (5)  of the Public Officers
				Law or the party requesting an exception or a continuation of an exception of
				records of his/her decision, in writing, within 10 business days from receipt
				of the appeal. If the chief counsel decides to permit inspection of the
				requested record or any portion thereof, chief counsel shall advise the person
				or entity seeking an exception from disclosure that within 15 days of service
				of the written notice required by this subdivision that they have the right to
				judicial review of the decision to permit disclosure under article 78 of the
				Civil Practice Law and Rules (CPLR). Any record shall not be disclosed prior to
				the expiration of 15 days after service of the written notice to disclose or
				the conclusion of any hearing or proceeding brought pursuant to article 78 of
				the CPLR, if any.
(c) If the chief
				counsel decides that any record or any portion thereof shall be disclosed, such
				disclosure shall be made in accordance with section
				10025.8 
				of this Part.
(d) If the chief
				counsel decides to continue the denial of access to the record, then said
				notice, shall fully explain the reasons for the further denial and shall advise
				the requesting party of the right to judicial review of the decision under
				article 78 of the Civil Practice Law and Rules (CPLR). Written notice of the
				determination shall be served upon the person requesting the record, the person
				who requested the exception and the committee on public access to records and
				shall contain a statement of the reasons for the determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.11 - Failure to comply with article 6, section 89(3) and (4)(a) of the Public Officers Law

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers
				  Law, §§ 87(1)(b), 89(3), (4)(a)
Failure of the records access officer or chief counsel to
				  comply with article 6, section 89(3) and/ or 4(a) of the Public Officers Law
				  shall be deemed a denial of a record inspection request for the purpose of
				  permitting the aggrieved party to proceed immediately with an appropriate
				  appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.12 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 709; Public Officers
				  Law, § 87(1)(b)
Except where fees or exemptions from fees have been
				  established by law, rule, or regulation, the following fees shall apply:
(a) the fee for copies of records shall be 25
				cents per page for photographic copies not exceeding 81/2 by 14 inches in
				size;
(b) the fee for copies of
				records not otherwise provided for herein shall be the actual copying costs,
				which is the average unit cost for copying such record, excluding fixed costs;
				and
(c) unless otherwise prescribed
				by statute, there shall be no fees charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, § 710; Public Officers
				  Law, § 87(1-b)
If any provision or application of this Part to any person or
				  circumstance is adjudged invalid by a court of competent jurisdiction, such
				  judgment shall not affect or impair the validity of any other provisions of
				  this Part or its application to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Public Officers Law, §94(2) ]
(a) It is the responsibility and the intent
				of the Office of Homeland Security, hereinafter called the office, to comply
				with the provisions of article 6-A of the Public Officers Law, commonly known
				as the Personal Privacy Protection Law.
(b) The office shall maintain in its records
				only such personal information that is relevant and necessary to accomplish a
				purpose of the office that is required to be accomplished by statute or
				executive order, or to implement a program specifically authorized by
				law.
(c) Personal information
				subject to article 6-A of the Public Officers Law will be collected, whenever
				practicable, directly from the person (data subject) to whom the information
				pertains.
(d) The office seeks to
				ensure that all records pertaining to or used with respect to individuals are
				accurate, relevant, timely and complete.
(e) This Part provides information regarding
				the procedures by which members of the public may assert rights granted by the
				Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.2 - Privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The privacy compliance officer shall be a
				counsel level position within the office.
(b) Communications shall be addressed to:
				Privacy Compliance Officer, NYS Office of Homeland Security, 1220 Washington
				Avenue, Building 7A, 7th Floor, Albany, NY 12226-2252.
(c) The privacy compliance officer is
				responsible for:
(1) assisting a natural
				person, hereinafter referred to as a data subject, in identifying and
				requesting personal information, if necessary;
(2) describing the contents of systems of
				records orally or in writing in order to enable a data subject to learn if a
				system of records includes a record or personal information identifiable to a
				data subject requesting such record or personal information;
(3) taking one of the following actions upon
				locating the record sought:
(i) make the
				record available to inspection, in a printed form without codes or symbols,
				unless an accompanying document explaining such codes or symbols is also
				provided;
(ii) permit the data
				subject to copy the record; or
(iii) deny access to the record in whole or
				in part and explain in writing the reasons therefor;
(4) making a copy available, upon request,
				upon payment of or offer to pay established fees, if any, or permitting the
				data subject to copy the records;
(5) certifying, upon request, that a copy of
				a record is a true copy; or
(6)
				certifying, upon request, that:
(i) the office
				does not have possession of the record sought;
(ii) the office cannot locate the record
				sought after having made a diligent search; or
(iii) the information sought cannot be
				retrieved by use of the description thereof, or by use of the name or other
				identifier of the data subject without extraordinary search methods being
				employed by the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Public Officers Law, §94(2) ]
(a) When records are made available in person
				following a request made by mail, the office may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the office, a photograph or similar information that confirms that
				the record sought pertains to the data subject.
(b) When a request is made by mail, the
				office may require verification of a signature or inclusion of an identifier
				generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record accessible to
				the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available at the location of the Office
				  of Homeland Security which is closest to the requesting party, unless it is
				  unreasonably impracticable to do so. In such case of impracticability, such
				  records shall be made available at the Office of Homeland Security located at
				  1220 Washington Avenue, State Office Campus, Building 7A, 7th Floor, Albany, NY
				  12226.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.5 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
The office shall accept requests for records and produce
				  records during the following hours: 10 a.m. to 4 p.m., except on Saturdays,
				  Sundays and holidays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests shall be made in writing.
(b) A request shall reasonably describe the
				record sought. Whenever possible, the data subject should supply identifying
				information that assists the office in locating the record sought.
(c) Requests based upon categories of
				information described in a notice of a system of records or a privacy impact
				statement shall be deemed to reasonably describe the record sought.
(d) Within five business days of the receipt
				of a request, the office shall provide access to the record, deny access in
				writing explaining the reasons therefor, or acknowledge the receipt of the
				request in writing, stating the approximate date when the request will be
				granted or denied, which date shall not exceed 30 business days from the date
				of the acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Public Officers Law, §96 ]
Within 30 business days of a request from a data subject for
				  correction or amendment of a record or personal information that is reasonably
				  described and that pertains to the data subject, the office shall:
(a) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed pursuant to paragraph
				(d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
				refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.8 - Denial of a request for a record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of a request for records or
				amendment or correction of a record or personal information:
(1) shall be in writing, explaining the
				reasons therefor; and
(2)
				identifying the person to whom an appeal may be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.9 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Civil Practice Law & Rules, § A78;
				  Public Officers Law, §96 ]
(a) Any
				person denied access to a record or denied a request to amend or correct a
				record or personal information pursuant to section
				10030.8 
				of this Part may, within 30 days of such denial, appeal to the Chief Counsel,
				NYS Office of Homeland Security.
(b) The time for deciding an appeal shall
				commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				record or amendment or correction of a record or personal
				information;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Public Officers Law, §96 ]
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination rendered pursuant to the appeal shall inform the data subject of
				the right to:
(1) file with the office a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determination; or
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1
				of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10030 - Access To Personal Information › Section 10030.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.