reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 700 - Public Access To Records › Section 700.6 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a request
				for access to a record is denied, the requester may appeal, in writing, within
				30 days of the denial.
(b) The
				chairman, a commissioner, chief counsel or a designated executive, senior or
				other assistant counsel shall decide appeals from denials of access to records
				under the Freedom of Information Law. Appeals should be addressed as follows:
				Records Access Appeals Officer, New York State Commission of Investigation, 270
				Broadway, 26th Floor, New York, NY 10007, (212) 577-0700.
(c) The time for deciding an appeal shall
				commence upon receipt of a written appeal identifying:
(1) the date of the appeal;
(2) the date and location of the request for
				records;
(3) the records to which
				the requester was denied access;
(4) whether the denial of access was in
				writing or due to a failure to provide records promptly as required by section
				700.3(c) of this
				Part; and
(5) the name and return
				address of the appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 700 - Public Access To Records › Section 700.7 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed, current list of all
				records in the commission's possession which are publicly available and those
				records which, pursuant to law are unavailable.
(b) The list shall be sufficiently detailed
				to permit identification of the category of the record sought.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 700 - Public Access To Records › Section 700.8 - Location and hours for public inspections and public notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for public access to records
				will be accepted, information provided and records may be viewed (by prior
				arrangement) from Monday through Friday, except legal holidays, between 9 a.m.
				and 5 p.m. in the offices of the commission at 270 Broadway, 26th Floor, New
				York, NY 10007, (212) 577-0700.
(b)
				The name, title and business address of the records access officer and the
				records access appeals officer and information concerning the location where
				records may be viewed is available at the commission's offices at 270 Broadway,
				26th Floor, New York, NY 10007, or by calling (212) 577-0700 and requesting
				information on Freedom of Information Law requests.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 700 - Public Access To Records › Section 700.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise allowed by statute, no fee will be charged for:
(1) inspecting records;
(2) searching for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 700 - Public Access To Records › Section 700.10 - Conflicting rules deemed to conform

Current through Register Vol. 46, No. 28, July 10, 2024
Any part of these regulations which is in conflict with rules
				  and regulations properly adopted by the Committee on Open Government, or its
				  successor, shall be deemed to be amended to conform to such rules and
				  regulations, to the extent required by law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 700 - Public Access To Records › Section 700.11 - 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 these regulations or the application thereof to other
				  persons and circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				intent of the Commission of Investigation (the commission) to fully comply, to
				the extent appropriate and as required by law as a public safety agency, with
				the provisions of article 6-A of the Public Officers Law (the Personal Privacy
				Protection Law).
(b) These
				regulations provide information concerning the procedures by which rights
				granted by the Personal Privacy Protection Law, as are applicable to the
				commission, may be asserted.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chairman or chief counsel of the
				commission will designate either the executive, senior or other assistant
				counsel as the privacy compliance officer.
(b) The privacy compliance officer is
				responsble for insuring appropriate agency response to requests for records or
				amendment of records. All inquiries regarding requests for records or amendment
				of records under the Personal Privacy Protection Law should be directed to the
				privacy compliance officer.
(c) The
				privacy compliance officer is responsible for:
(1) assisting a data subject in identifying
				and requesting personal information, if necessary;
(2) describing the contents of systems of
				records 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) upon locating the record sought, taking
				one of the following actions:
(i) making the
				record available for inspection, in a printed form without codes or symbols,
				unless an accompanying document explaining such codes or symbols is also
				provided; or
(ii) denying access to
				the record in whole or in part and explaining in writing the reasons
				therefor;
(4) upon
				request for copies of available records, make a copy available, upon payment of
				established fees, if any;
(5) upon
				request, certify that a copy of a record is a true copy; or
(6) upon failure to locate a record, indicate
				that:
(i) the commission does not have
				possession of the record sought;
(ii) the commission 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 commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.3 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests
				for records or amendment of records must be in writing (no oral requests will
				be accepted) and shall reasonably describe the record or records sought.
				Whenever possible, a person requesting records should supply information
				regarding dates, file designations or other information that may help to
				describe the records sought. The request should be addressed as follows:
				Privacy Compliance Officer, New York State Commission of Investigation, 270
				Broadway, 26th Floor, New York, NY 10007 (212) 577-0700.
(b) A response to any request reasonably
				describing the record or records sought shall be given within five business
				days of receipt of the request.
(c)
				If the privacy compliance officer does not provide or deny access to the record
				sought within five business days of a request, a written acknowledgment of
				receipt of the request and a statement of the approximate date when the request
				will be granted or denied shall be furnished. If access to records is neither
				granted nor denied within 30 business days after the date of acknowledgment of
				receipt of a request, it shall be construed as a denial which may be
				appealed.
(d) Whenever a request is
				made pursuant to the Personal Privacy Protection Law, the commission may
				require identification that is appropriate and reasonable under the
				circumstances, including but not limited to a driver's license, an identifier
				assigned to the data subject by the commission or other law enforcement or
				public safety agency, a photograph, signature verification or such similar
				information that confirms that the record sought pertains to the data
				subject.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.4 - Nonrequired access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The commission may choose, in accordance with its enabling act or other
				appropriate statute, to provide access to certain records even though such
				disclosure is not required by the Personal Privacy Protection Law.
(b) Whenever the commission provides access
				to any of its records pursuant to subdivision (a) of this section, the data
				subject shall be so informed in writing by the privacy compliance officer or
				the privacy compliance appeals officer. However, such disclosure shall be
				deemed to have been made pursuant to subdivision (a) of this section,
				regardless of whether the requester is so informed.
(c) Disclosure of any records by the
				commission pursuant to subdivision (a) of this section shall not be deemed to
				require the commission to provide the date subject with access to any other
				records; nor shall it require the commission to provide any other data subject
				with access to those types of records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.5 - Denial of request for record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				denial of a request for a record or a request to amend or correct a record or
				personal information shall be in writing, state the reason therefor and advise
				the requester of the right to appeal.
(b) A failure to provide requested records or
				respond to a request to amend or correct a record or personal information
				promptly, as described in section
				701.3(c) of this
				Part, shall also be deemed as a denial that may be appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.6 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a request
				for access to a record or to amend or correct a record or personal information
				is denied, the data subject may appeal, in writing, within 30 days of such
				denial.
(b) The chairman, a
				commissioner, chief counsel or a designated executive, senior or other
				assistant counsel shall decide appeals from denials of access to a record or a
				request to amend or correct a record or personal information under the Personal
				Privacy Protection Law. Appeals should be addressed as follows: Privacy
				Compliance Appeals Officer, New York State Commission of Investigation, 270
				Broadway, 26th Floor, New York, NY 10007, (212) 577-0700.
(c) The time for deciding an appeal shall
				commence upon receipt of a written appeal identifying:
(1) the date of the appeal;
(2) the date and location of a request for a
				record or amendment or correction of a record or personal
				information;
(3) the record that is
				the subject of the appeal;
(4)
				whether the denial was in writing or due to a failure to provide records
				promptly as required by section
				701.3(c) of this
				Part; and
(5) the name and return
				address of the appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.7 - Amendment of records and statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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 commission will:
(1)
				make the amendment or correction in whole or in part, as is reasonable under
				the circumstances, 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
(2) 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 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.8 - Location and hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for records will be accepted, information provided
				  and records may be viewed (by prior arrangement) from Monday through Friday,
				  except legal holidays, from 9 a.m. to 5 p.m. in the offices of the commission
				  at 270 Broadway, 26th Floor, New York, NY 10007, (212)
				  577-0700.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise allowed by statute, no fee will be charged for:
(1) inspecting records;
(2) searching for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.10 - Conflicting rules deemed to conform

Current through Register Vol. 46, No. 28, July 10, 2024
Any part of these regulations which is in conflict with rules
				  and regulations properly adopted by the Committee on Open Government, or its
				  successor, shall be deemed to be amended to conform to such rules and
				  regulations, to the extent required by law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XV - New York State Commission Of Investigation › Part 701 - Access To Personal Information Held By The Commission Of Investigation › Section 701.11 - 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 these regulations or the application thereof to other
				  persons and circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decision-making and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy of
				confidentiality.
(b) These
				regulations provide information concerning the procedures by which records may
				be obtained from the Hudson River Park Trust. The Hudson River Park Trust is a
				body corporate and politic, constituting a public benefit corporation. The
				rights, powers and responsibilities of the trust are set forth in the Hudson
				River Park Act, chapter 592 of the Laws of 1998 of the State of New
				York.
(c) Personnel shall furnish
				to the public the information and records required by the Freedom of
				Information Law, as well as records otherwise available by law.
(d) Any conflicts among laws governing public
				access to records shall be construed in favor of the widest possible
				availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Hudson River Park Trust is
				responsible for insuring compliance with the regulations herein, and designates
				the following person(s) as records access officer(s):
Title
Bus.
								Address
Phone #
Counsel
Hudson River Park Trust
(212) 627-2020
HRPT
Pier 40, 2nd Floor West Street at West Houston Street
							 New York, NY 10014
(b)
				Records access officers are responsible for insuring appropriate agency
				response to public requests for access to records of the Hudson River Park
				Trust. 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.
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 therefore;
(4)
				upon request for copies of records:
(i) make a
				copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				750.8 of this Part; or
(ii) permit the requester to copy those
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) the Hudson River Park Trust is not
				the custodian for such records; or
(ii) the records of which the Hudson River
				Park Trust is a custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at the Hudson River Park Trust, Pier 40, 2nd Floor, West Street at West Houston
				  Street, New York, NY 10014.
Requests can be mailed to: Hudson River Park Trust, Pier 40,
				  2nd Floor, West Street at West Houston Street, New York, NY
				  10014.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours regularly open for business.
These hours are: Monday-Friday 9 a.m.-5
				  p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records requests shall be in
				writing.
(b) A request shall
				reasonably describe the record or records sought. Whenever possible, a person
				requesting records should supply information regarding dates, file designations
				or other information that may help to describe the records sought.
(c) A response shall be given within five
				business days of receipt of request by:
(1)
				informing a person request records that the request or portion of the request
				does not reasonably describe the records sought, including direction, to the
				extent possible, that would enable that person to request records reasonably
				described;
(2) granting or denying
				access to records in whole or in part;
(3) acknowledging the receipt of a request in
				writing, including an approximate date when the request will be granted or
				denied in whole or in part, which shall be reasonable under the circumstances
				of the request and shall not be more than 20 business days after the date of
				the acknowledgment, or if it is known that circumstances prevent disclosure
				within 20 business days from the date of such acknowledgment, providing a
				statement in writing indicating the reason for inability to grant the request
				within that time and a date certain, within a reasonable period under the
				circumstances of the request, when the request will be granted in whole or in
				part; or
(4) if the receipt of
				request was acknowledged in writing and included an approximate date when the
				request would be granted in whole or in part within 20 business days of such
				acknowledgment, but circumstances prevent disclosure within that time,
				providing a statement in writing within 20 business days of such acknowledgment
				specifying the reason for the inability to do so and a date certain, within a
				reasonable period under the circumstances of the request, when the request will
				be granted in whole or in part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list by subject
				matter of all records in its possession, whether or not records are available
				pursuant to subdivision two of section
				87 of the
				Public Officers Law.
(b) The
				subject matter list shall be sufficiently detailed to permit identification of
				the category of the record sought.
(c) The subject matter list shall be updated
				not less than twice per year. The most recent update shall appear on the first
				page of the subject matter list.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of access to records shall be in writing stating the reason therefore and
				advising the requester of the right to appeal to the individual or body
				established to determine appeals.
(b) If requested records are not provided
				promptly, as required in section
				750.5(d) of this
				Part, such failure shall also be deemed a denial of access.
(c) The following person shall determine
				appeals regarding denial of access to records under the Freedom of Information
				Law:
Title
Bus.
								Address
Phone #
Executive Vice President
Hudson River Park Trust Pier 40, 2nd Floor West Street
							 at West Houston Street New York, NY 10014
(212) 627-2020
(d)
				The time for deciding an appeal by the individual or body designated to
				determine appeals shall commence upon receipt of a written appeal identifying:
(1) the date of the appeal;
(2) the date and location of the requests for
				records;
(3) the records to which
				the requester was denied access;
(4) whether the denial of access was in
				writing or due to failure to provide records promptly as required by section
				750.5(d) of this
				Part; and
(5) the name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address of
				  the records access officers and appeals person or body and the location where
				  records can be seen or copies shall be posted in a conspicuous location
				  wherever records are kept and/or published in a local newspaper of general
				  circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 750 - Regulations Of Public Access To Records Of The Hudson River Park Trust › Section 750.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of these regulations or the application
				  thereof to any person or circumstances is adjudged invalid by a court of
				  competent jurisdiction, such judgment shall not affect or impair the validity
				  of the other provisions of these regulations or the application thereof to
				  other persons and circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 751 - Hudson River Park Rules And Regulations › Section 751.1 - Construction and scope of rules; variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Construction.
These rules are to be construed as follows:
(1) any term in the singular includes the
				plural;
(2) any rule or regulation
				relating to or prohibiting any act extend to and include the attempt to commit
				such act and the causing, procuring, aiding or abetting, directly or
				indirectly, of that act; and/or allowing a minor child or pet to do that
				act;
(3) no provision contained in
				this Part makes unlawful any act performed by any officer or employee of the
				trust, or any city or State agency, in the line of duty or scope of employment,
				or by any person, his or her agents or employees, in the proper and necessary
				execution of the terms of any agreement with the trust;
(4) these rules are in addition to and
				supplement all municipal, State and Federal laws, regulations and
				ordinances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 751 - Hudson River Park Rules And Regulations › Section 751.3 - General provisions; permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Hours of operation.
(1) Persons
				may enter and use the park from 6:00 a.m. until 1:00 a.m., unless posted
				otherwise at specific park areas. The bikeway/walkway which is owned by the New
				York State Department of Transportation, located east of the park and on the
				west side of Route 9A is not subject to hour restrictions unless otherwise
				posted.
(2) Whenever a threat to
				public health, safety, or the environment exists in the park resulting from any
				natural cause, explosion, accident, act of terrorism, construction activity or
				any other cause, or by riot or unlawful assembly or activity, the trust may
				close the park or any part thereof to the public for such duration as it deems
				necessary to ensure the safety and well-being of the public.
(3) It is prohibited for persons to enter or
				remain in the park without the permission of the trust when such park is closed
				to the public.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 751 - Hudson River Park Rules And Regulations › Section 751.4 - Prohibited activities and uses

Current through Register Vol. 46, No. 28, July 10, 2024
Violation of any provision of this section shall subject the
				  violator to a civil penalty, as specified in the trust's penalty schedule, set
				  forth in section
				  751.7 of this Part. Unless
				  otherwise expressly permitted, the following is a list of prohibited activities
				  and uses:
(a)
Destruction or
				abuse of property and equipment.
It is prohibited for any person to injure, deface, alter,
				  write upon, destroy, remove or tamper with in any way, any real or personal
				  property or equipment on or within the park or owned by or under the
				  jurisdiction or control of the trust.
(b)
Destruction or abuse of trees,
				plants, flowers, shrubs and grass.
(1)
				It is prohibited for any person to deface, write upon, sever, mutilate, prune,
				carve, kill or remove from the ground any of the following without documented
				permission of the trust:
(i) trees under the
				jurisdiction of the trust;
(ii)
				plants, flowers, shrubs or other vegetation under the jurisdiction of the
				trust.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 751 - Hudson River Park Rules And Regulations › Section 751.5 - Regulated uses

Current through Register Vol. 46, No. 28, July 10, 2024
Violation of any provision of this section shall subject the
				  violator to a civil penalty, as specified in the trust's penalty schedule in
				  section 751.7 of this Part. Unless
				  expressly permitted the following is a list of regulated activities and
				  uses:
(a)
Assemblies, meetings,
				exhibitions.
(1) It is prohibited for
				any person to hold or sponsor any special event or demonstration without a
				permit.
(2) It is prohibited for
				any person to erect any structure, stand, booth, platform, exhibit or art work
				in connection with any assembly, meeting, exhibition or other event or activity
				without a permit from the trust.
(3) It is prohibited to hold an event that
				significantly interferes with ordinary park use without a permit. Significant
				interference includes, but is not limited to, harming landscaping, plantings or
				structures in the park, precluding other events that have a valid permit, and
				unreasonably interfering with the enjoyment of the park by
				others.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 752 - Rules And Regulations Governing Leases, Licenses, Concession Agreements And Other Agreements › Section 752.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leases,
				licenses, concessions or other agreements for facilities or properties under
				the jurisdiction of the Hudson River Park Trust that are either:
(1) for a term in excess of 10 years;
				or
(2) provide for a total capital
				expenditure in excess of $1,000,000 over the proposed term of the agreement are
				subject to one or more provisions of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 752 - Rules And Regulations Governing Leases, Licenses, Concession Agreements And Other Agreements › Section 752.2 - Maximum lease term

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise authorized by law, the term of any lease,
				  license, concession or other agreement for the use of property or facilities
				  under the jurisdiction of the Hudson River Park Trust shall not exceed 30 years
				  in duration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 752 - Rules And Regulations Governing Leases, Licenses, Concession Agreements And Other Agreements › Section 752.3 - Leases in excess of 10 years

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Hudson River Park Trust may enter into leases, licenses, concession agreements
				or other agreements for property or facilities under its jurisdiction if, in
				its discretion, such agreement is in the best interest of the park and is
				necessary to assure adequate protection against loss of investment by the
				lessee, licensee, concessionaire, or other party to such agreement in
				connection with its development, renovation, improvement, or furnishing and
				equipping of the subject property or facility.
(b) Prior to entering into a lease, license,
				concession agreement or other agreement for park property or facility with a
				term in excess of 10 years, the Hudson River Park Trust shall:
(1) hold a public hearing allowing not less
				than 30 days advance public notice. The public notice shall contain specifics
				as to the location of the proposed park property or facility, the identity of
				the proposed lessee, licensee, concessionaire or other party to the proposed
				agreement, and the nature and duration of the proposed agreement;
(2) solicit and consider the views of
				Manhattan community boards one, two and four, the planning commission of the
				city of New York, the advisory council, elected officials representing
				communities neighboring the park, and interested groups and individuals,
				allowing not less than 60 days following the notice of the proposed lease,
				license, concession agreement or other agreement for the submission of such
				views; and
(3) publish notice of
				the hearing and the terms of proposed lease, license, concession agreement or
				other agreement in the city record and State Register.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 752 - Rules And Regulations Governing Leases, Licenses, Concession Agreements And Other Agreements › Section 752.4 - Leases requiring total capital investments in excess of $1,000,000

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Hudson
				River Park Trust shall issue a bid prospectus for any proposed lease, license,
				concession agreement or other agreement for the use of property or facilities
				within the jurisdiction of the Hudson River Park Trust where the proposed
				agreement would provide for a total capital investment in the park of no less
				than $1,000,000 over the proposed term of the agreement.
(b) Specific terms and conditions, including
				prerequisites and procedures for bidding or the submission of proposals, the
				nature of the capital improvements or equipment to be provided by the
				successful bidder, shall be set forth in a public request for each such
				proposed agreement. A copy of each such prospectus shall be provided to
				Manhattan community boards one, two, and four.
(c) The criteria that will be considered in
				evaluating bids or proposals and their relative importance are within the broad
				discretion of the Hudson River Park Trust and may include the best interests of
				the public and the Hudson River Park, potential revenue to the Hudson River
				Park Trust, as well as the technical experience and qualifications of the
				entities submitting bids or proposals. The Hudson River Park Trust is not
				obligated to select any bid or proposal, and may at any point pursue the
				solicitation of new bids or proposals, or terminate the process
				entirely.
(d) Following the
				completion of the above-mentioned provisions, the Hudson River Park Trust may
				proceed to process the agreement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 752 - Rules And Regulations Governing Leases, Licenses, Concession Agreements And Other Agreements › Section 752.5 - Rental policy governing leases, licenses, concession agreements or other agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				shall be the policy of the Hudson River Park Trust that a fair rental value
				shall be charged for any proposed lease, license, concession agreement or other
				agreement for the use of property or facilities, or any portion thereof, within
				the jurisdiction of the Hudson River Park Trust.
(b) In setting such rental, the Hudson River
				Park Trust may take into account the value of any maintenance, improvements,
				custodial services, security, public use benefit, park programming or other
				in-kind considerations that may be provided by the lessee, licensee,
				concessionaire or other proposed party to such an agreement.
(c) Notwithstanding any provision of this
				Part, the Hudson River Park Trust may, at its discretion, negotiate a reduced
				rental value to be charged for any proposed lease, license, concession
				agreement or other agreement for the use of property or facilities, or any
				portion thereof, within the jurisdiction of the Hudson River Park Trust where
				the lessee, licensee, concessionaire or other proposed party is a tax exempt
				organization under section 501(c)(3) or other provisions of the Internal
				Revenue Code, provided that the nature of the proposed agreement is related to
				the tax-exempt, non-profit purposes of such organization and is in the best
				interests of the park and in furtherance of the mission of the Hudson River
				Park Trust to provide free or nominal programming and opportunities to the
				public.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 752 - Rules And Regulations Governing Leases, Licenses, Concession Agreements And Other Agreements › Section 752.6 - Appropriation of monies from leases, licenses, concession agreements or other agreements

Current through Register Vol. 46, No. 28, July 10, 2024
All rents, fees and other revenues paid or to be paid to the
				  Hudson River Park Trust in accordance with any lease, license, concession
				  agreement or other agreement for the use of property or facilities within the
				  jurisdiction of the Hudson River Park Trust, made by the Hudson River Park
				  Trust or any predecessor, shall be used solely for constructing, improving,
				  operating and maintaining the park including, but not limited to, capital
				  improvements which facilitate park uses and park/commercial
				  uses.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 753 - Prompt Payment Policy › Section 753.1 - Statement of policy and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Hudson River Park Trust is a body corporate and politic,
				  constituting a public benefit corporation, established by the Hudson River Park
				  Act, chapter 592 of the Laws of 1998 of the State of New York. This prompt
				  payment policy is adopted pursuant to section
				  2880 of
				  the Public Authorities Law, requiring each public benefit corporation to
				  promulgate rules and regulations detailing its policy with respect to making
				  prompt payment to contractors.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 753 - Prompt Payment Policy › Section 753.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall have
				  the following meanings unless the context shall clearly indicate
				  otherwise:
(a) Trust shall mean the
				Hudson River Park Trust.
(b)
				Contract shall mean an enforceable agreement entered into by the trust and a
				contractor, including purchase orders.
(c) Contractor shall mean any person,
				partnership, private corporation or association providing or performing any of
				the following pursuant to a contract:
(1)
				selling materials, equipment or supplies or leasing property or equipment to
				the trust;
(2) constructing,
				reconstructing, rehabilitating or repairing buildings, streets or other
				improvements for or on behalf of the trust; or
(3) rendering or providing services to the
				trust.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 753 - Prompt Payment Policy › Section 753.4 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				request procedure. Contractors owed money by the trust shall deliver a proper
				invoice to the designated payment office. The designated payment office will
				log the receipt date of each invoice, and send it to the department unit within
				the trust that received the goods, property or services from the contractor for
				review and verification of the contractor's performance in accordance with the
				contract. Contractors with contracts which provide for payment at specific
				dates or intervals shall also be required to provide a proper invoice which
				certifies that the obligations required under such contract have been performed
				prior to such date(s) or during such interval(s), and review and verification
				of the work of these contractors will take place upon receipt of such proper
				invoice; payment shall be made in accordance with the terms of such
				contracts.
(b) Prompt payment
				schedule. The schedule of the time in which the trust will make prompt payment
				under a contract is as follows:
(1) Except as
				provided in paragraph (2) or (3) of this subdivision, payment will be made by
				the trust within 30 calendar days, excluding legal holidays, after receipt of a
				proper invoice.
(2) For contracts
				which provide for payment at one or more specific dates or intervals, payment
				will be made in accordance with the terms of such contracts, but interest shall
				only be payable if payment is not made within the time provided in paragraph
				(1) of this subdivision.
(3) This
				schedule will not apply in those instances where payment is being delayed by
				reason of any of the exceptions listed in subdivision (d) of this section, or
				where the time in which to make payment is being tolled for any of the reasons
				listed in subdivision (e) of this section, in which cases the time for payment
				shall be as there provided.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 753 - Prompt Payment Policy › Section 753.5 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The trust
				shall prepare an annual report on the scope and implementation of this prompt
				payment policy. The report shall include, but not be limited to, the following:
(1) a listing of the types or categories of
				contracts which the trust entered into during the 12-month fiscal year covered
				by the report with an indication whether each such type or category of contract
				was subject to this prompt payment policy, and if it was not, the reason(s) why
				not;
(2) the number and amounts of
				interest payments made for contracts, arranged according to each such type or
				category;
(3) the number of
				interest chargeable days, and the total number of days taken to process each
				late contract payment; and
(4) a
				summary of the principal reasons why such late payments occurred.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 753 - Prompt Payment Policy › Section 753.6 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Amendment. The trust shall have the power to amend this by promulgating amended
				rules and regulations at any time, and within 30 days of the adoption of any
				such amendments hereto, the trust shall file copies with the State Comptroller,
				the State Director of the Budget, the Chairman of the Senate Finance Committee,
				and the Chairman of the Assembly Ways and Means Committee.
(b) Contract incorporation. The policy
				statement in effect at the time that a contract is entered into is hereby
				incorporated into and made a part of that contract.
(c) Public access. The trust shall make
				copies of this policy statement available to the public upon reasonable request
				at the trust's main office. The trust shall also provide a copy of this policy
				statement to each contractor at or prior to the time a contract is entered
				into.
(d) Inapplicability. This
				policy is not applicable to payments due and owing by the trust:
(1) under the Eminent Domain Procedure
				Law;
(2) as interest on judgments
				rendered by a court against the trust pursuant to any other provision of law
				than contained in this Part;
(3) to
				the Federal government; to any State agency or its instrumentalities; to any
				duly constituted unit of local government including, but not limited to,
				counties, cities, towns, villages, school districts, special districts, or any
				of their related instrumentalities; to any other public authority or public
				benefit corporation; or to its employees when acting in, or incidental to,
				their public employment capacity; or
(4) in situations where the trust exercises a
				legally authorized set-off against all or part of a payment due a
				contractor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.2 - Vessel

Current through Register Vol. 46, No. 28, July 10, 2024
The term "vessel" shall include ships, boats, barges,
				  lighters, tugs, floats, tankers or any floating water craft.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.3 - Rates and charges

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty of all persons, firms or corporations,
				  making use of the facilities of the Port of Albany, to familiarize themselves
				  with all rates and charges promulgated by the Commission.
This information will be furnished upon
					 request.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.4 - Entrance to Port property

Current through Register Vol. 46, No. 28, July 10, 2024
All persons desiring to enter upon the Port property, will be
				  required to furnish evidence of authority, or permission, before
				  entry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVII - Albany Port District Commission › Part 800 - General Rules And Regulations › Section 800.6 - Berthing of vessels

Current through Register Vol. 46, No. 28, July 10, 2024
Berthing space to be occupied by vessels utilizing the
				  commission facilities, shall be designated and assigned by the person
				  authorized by the commission.