reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 76 - Managerial/confidential Group Accident And Sickness Insurance Plan › Section 76.6 - Application for inclusion in the plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cost estimates. Upon the request of the
				governing body of any authority, corporation, district, agency, subdivision or
				organization eligible to become a participating employer accompanied by a
				certificate of the chairman or other presiding officer thereof certifying as to
				the number of its employees who would be eligible to participate in the plan,
				the president shall provide an estimate of the costs, including assessments for
				administrative expenses, based on current and anticipated charges at the time
				of the estimate, which would have to be paid by such authority, corporation,
				district, agency, subdivision or organization on account of the coverage of its
				employees in the plan.
(b)
				Application for inclusion.
(1) Any such
				authority, corporation, district, agency, subdivision or organization may apply
				for the inclusion of its employees in the plan by submitting to the president
				the following: a certified copy of a resolution of its governing body electing
				such inclusion, which resolution shall be in a form approved by the president,
				and an appropriate certificate of the clerk, or if there be no clerk, the
				chairman or other presiding officer of such governing body certifying that a
				specified sum of money has been appropriated for the purpose of paying the
				participating employer's expenses on account of the coverage of such employees
				in the plan.
(2) The president may
				request such further data, certificates or information in connection with any
				such application as he may deem necessary or desirable.
(3) No such application shall be approved
				unless it appears to the satisfaction of the president that sufficient sums
				have been appropriated to reasonably assure the availability of monies for the
				payment of anticipated participating employer's costs.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 76 - Managerial/confidential Group Accident And Sickness Insurance Plan › Section 76.7 - Effective date of coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				the approval of the application of an employer for the inclusion of its
				employees in the plan, the president shall thereupon fix an effective date for
				the commencement of coverage of such employees. Such effective date shall be
				fixed with due regard to a reasonable time allowance needed for educational,
				promotional and enrollment purposes and other administrative requirements. The
				president may, in his discretion, fix a schedule of effective dates of coverage
				with respect to newly approved employers on a quarterly basis or at such other
				time intervals as he may deem appropriate.
(b) Notwithstanding such effective date for
				coverage as may be fixed by the president and except as provided in this
				subdivision, coverage shall not become effective with respect to the employees
				of an employer unless 40 percent of all persons eligible for coverage as
				employees of such employer shall enroll for such coverage and the employer
				complies with such conditions as the president may prescribe. The president, in
				consideration of the certification by the Director of Employee Relations or the
				Public Employment Relations Board, as the case may be, shall make the final
				administrative determination whether the employees set forth in an application
				are eligible for coverage. No coverage shall become effective until premiums
				therefor have been paid into the group accident and sickness insurance
				fund.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 76 - Managerial/confidential Group Accident And Sickness Insurance Plan › Section 76.8 - Payments to group accident and sickness insurance fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The premiums required to insure covered
				employees for any calendar month or biweekly payroll period shall be due and
				payable to the fund on the last day of the calendar month or biweekly payroll
				period, as the case may be.
(b) The
				comptroller or the chief fiscal officer of the participating employer, as the
				case may be, shall pay to the fund the premium deducted from the salary or
				wages of covered employees.
(c)
				Each payment by an employer shall be accompanied by an accounting thereof to be
				set forth on an appropriate from prescribed by the president.
(d) Premiums due from employees eligible for
				coverage for whom deductions pursuant to subdivision (a) of this section cannot
				be made shall be made directly to the fund by each employee monthly.
(e) No monies in the fund, other than the
				sums received therefor from the employer, shall be committed, encumbered or
				advanced to pay for the coverage of the employees of such employer.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 76 - Managerial/confidential Group Accident And Sickness Insurance Plan › Section 76.9 - Inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
All records in the possession of the employer or its officers
				  or agents which have a bearing on the participation of employees in the plan,
				  or which otherwise have any bearing on the administration or operation of the
				  plan, shall be open to the inspection of representatives of the president and
				  the insurers at reasonable times.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 76 - Managerial/confidential Group Accident And Sickness Insurance Plan › Section 76.10 - Withdrawal from the plan

Current through Register Vol. 46, No. 28, July 10, 2024
If an employer withdraws from the plan, it shall give notice
				  of intention to withdraw to the president and to its covered employees at least
				  60 days in advance of the last date for which coverage will be provided. An
				  employer who withdraws or is expelled from the plan shall not be eligible to
				  rejoin the plan for one year following such withdrawal; provided, however, that
				  upon the request of an employer who has withdrawn from the plan, the president
				  may in his discretion and for good cause shown, reduce or waive such one-year
				  waiting period.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 76 - Managerial/confidential Group Accident And Sickness Insurance Plan › Section 76.11 - Expulsion from the plan

Current through Register Vol. 46, No. 28, July 10, 2024
The president may expel an employer from the plan upon
				  finding that fraud or abuses in the administration of the plan have been
				  committed or permitted by the acts or neglect of its officers or agents, or
				  that the employer has failed to carry out satisfactorily its duties and
				  responsibilities as required under the plan and by this Part. Such expulsion
				  shall be effective not sooner than two months after notice thereof has been
				  given by the president to the governing body of the employer.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.2 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				eligible employees shall be covered employees under the plan:
(1) eligible employees initially hired into
				State service on or after January 1, 1986 who have no prior creditable
				service;
(2) eligible employees
				having prior creditable service who elect to participate in the plan;
				and
(3) eligible employees with
				prior creditable service who were formerly covered under the plan.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.3 - Effective date of coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible employees in service prior to and on January 1, 1986 who elect to
				participate in the Income Protection Plan, shall become covered employees
				effective January 1, 1986. Eligible employees who are disabled and who are on
				sick leave at full pay on December 31, 1985 and on their first regularly
				scheduled workday thereafter or who on those dates are using other leave
				credits as sick leave, or who are on sick leave at half-pay or leave without
				pay, shall continue to be eligible to receive those benefits for which they
				were eligible on December 31, 1985 and shall be afforded the option to enroll
				in the plan following their return from such leave. Such persons shall have 30
				calendar days following their return to enroll in the plan. Eligible employees
				electing to become covered employees shall be deemed to have coverage effective
				as of the date upon which they initially became eligible to make such an
				election.
(b) Eligible employees
				with prior creditable service who are appointed or reinstated on or after
				January 1, 1986 and who were not previously eligible employees shall have 30
				calendar days following such appointment or reinstatement to elect to become
				covered employees. Such persons electing to become covered employees shall be
				deemed to have coverage effective as of the date upon which they initially
				became eligible to make such an election. Such persons who are on leave of
				absence without pay on the effective date of their appointment or reinstatement
				shall make their election within 30 days of their restoration to the payroll
				and the effective date of their coverage shall be the date of such
				restoration.
(c) Eligible employees
				initially appointed on or after January 1, 1986, who have no prior creditable
				service and persons who were previously covered employees shall be covered
				employees and the effective date of their coverage shall be their most recent
				date of appointment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.4 - Contributions by the state and liability for payments

Current through Register Vol. 46, No. 28, July 10, 2024
The State shall pay the entire premium cost of the Income
				  Protection Plan. The insurer shall pay the benefits under the plan and neither
				  the State nor the department shall be liable therefor.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.6 - Plan administration

Current through Register Vol. 46, No. 28, July 10, 2024
The president, in consultation with the insurer, shall
				  administer the plan and establish necessary guidelines, procedures and
				  standards.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.7 - Discontinuation of service

Current through Register Vol. 46, No. 28, July 10, 2024
Any covered employee receiving benefits under the plan who is
				  separated from service, after being placed on leave pursuant to section
				  71 or
				  72 of the
				  Civil Service Law, shall continue to receive such benefits until the end of
				  disability, age 65 or death, whichever occurs first. Nothing contained herein
				  shall be deemed to extend employment beyond the date it would otherwise
				  terminate.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.8 - Determinations by the president concerning enrollment in the program

Current through Register Vol. 46, No. 28, July 10, 2024
The president shall determine the eligibility of an employee
				  for enrollment in the plan and such enrollee's annual salary for the purposes
				  of computing benefits. Any person may appeal a determination by the president
				  concerning his or her enrollment in the plan and the basic annual salary upon
				  which benefits are to be based to the State Civil Service Commission by
				  submitting a written explanation, supported by available documentary evidence,
				  setting forth the facts upon which he or she relies to show that the
				  determination by the president was incorrect. Such appeal shall be filed with
				  the commission within 30 days of the date of the final determination by the
				  president.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.9 - Special enrollees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall compile and maintain a list of all positions eligible for
				participation as "special enrollees," as set forth in subdivision (b) of this
				section.
(b) Persons in positions
				set forth in the list of special enrollees who are designated Managerial or
				Confidential but who are not subject to the Attendance Rules for Employees in
				New York State Departments and Institutions or the Attendance Rules promulgated
				by the Commissioner of Education, who are employed on an annual salaried basis,
				who are scheduled to work at least half-time and who are members of a public
				retirement system of this State or its political subdivisions or an optional
				retirement program shall be designated as special enrollees for purposes of
				this Part and upon such designation shall be eligible to receive the long-term
				disability benefits as set forth in this Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 78 - Income Protection Plan › Section 78.10 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall take effect immediately and shall be
				  deemed to have been in full force and effect as of January 1,
				  1986.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
				  procedures governing the availability, location and nature of those records of
				  the Department of Civil Service subject to the provisions of article 6 of the
				  Public Officers Law, known as the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term record or records means any
				information kept, held, filed, produced or reproduced by with or for an agency
				or the State legislature in any physical form whatsoever including but not
				limited to, reports, statements, examinations,[FN1] memoranda, opinions,
				folders, files, books, manuals, pamphlets, forms, papers, designs, drawings,
				maps, photos, letters, microfilms, computer tapes or discs, rules, regulations
				or codes.
(b) The term payroll
				record means an itemized record setting forth the following items: name, public
				office address, title and salary of every officer and employee of the
				department.
(c) The term workday
				means any day except Saturday, Sunday, a public holiday or a day on which the
				department is otherwise closed for general business.
(d) The term records access officer means the
				public relations officer of the Department of Civil Service.
(e) The term fiscal officer means the
				director of financial administration of the Department of Civil
				Service.
(f) The term department or
				Department of Civil Service means the State Department of Civil Service, unless
				otherwise expressly stated or unless the context requires a different meaning.
[FN1] In accordance with section
				  87
				  (2)(h) of the Public Officers Law, the
				  department may restrict access to examination questions and answers prior to
				  final administration of such questions and answers.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.3 - Designation of officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				records access officer of the Department of Civil Service is the public
				relations officer of the department unless otherwise designated by the
				president. The records access officer shall have the duty of coordinating the
				response of the department to public requests for access to records. Upon
				receipt of a request, the records access officer will forward copies of the
				request to the appropriate personnel within the department to search for the
				records requested, maintaining one copy of the request for his or her files.
				Thereafter, the records access officer shall:
(1) upon locating the records requested:
(i) make such records promptly available for
				inspection; or
(ii) deny access to
				the records in whole or in part and explain in writing the reasons for such
				denial;
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.5 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at a convenient location within the Department of Civil Service on the State
				  Campus, Albany, New York or at the location where they are
				  kept.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.6 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Civil Service shall accept requests for
				  public access to records and produce records for public inspection as
				  follows:
(a) At the State Campus in
				Albany on any workday between the hours of 8:30 and 4:45,
(b) At the Buffalo office on any workday
				between the hours of 9 and 4 and
(c) At the New York City office on any
				workday between the hours of 10 and 3.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.7 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Any fees authorized herein shall be payable in
				  advance.
(a) The fee for photocopies
				of records shall be 25 cents per page for photocopies not exceeding 9 by 14
				inches.
(b) The fee for photocopies
				of records in excess of 9 by 14 inches per page shall be the actual copying
				cost which is the average unit cost for copying a record excluding fixed costs
				of the agency such as operator salaries.
(c) In the event that the record is of such a
				nature that it cannot be photocopied, a transcript of such record shall be made
				upon request of the applicant. Such transcripts may either be typed or
				handwritten at the discretion of the department. In such cases, the requester
				may be charged for the clerical time involved in making the
				transcript.
(d) The department in
				its discretion may provide copies of records without charging a fee.
(e) The department will not charge a fee for:
(1) Inspection of records
(2) Searching for records
(3) A certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.8 - Prevention of invasions of privacy

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of subdivision two of
				  section
				  89 of the
				  Public Officers Law and in conformity with such guidelines as may be
				  promulgated by the Committee on Public Access to Records regarding the
				  prevention of unwarranted invasions of personal privacy, the records access
				  officer may delete from any record identifying details the disclosure of which
				  would result in an unwarranted invasion of personal privacy prior to making
				  such record available for inspection and/or copying. In the event that one or
				  more deletion is so made from any document, the records access officer shall
				  provide written notice of that fact to the person given access to the record.
				  If the record is such that the personal matters cannot be fully deleted without
				  substantively affecting the record or the identifying details cannot be
				  effectively deleted, the records access officer shall deny access to such
				  record as provided in section
				  80.9 of this
				  Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.9 - Grant or denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the records access officer determines that an
				  application to inspect and/or copy records includes information that may be
				  exempted from disclosure under paragraph a, b, c, d, e, f, g or h of
				  subdivision 2 of section
				  87 of the
				  Public Officers Law or under section
				  80.8 of this Part pursuant to
				  subdivision 2 of section 89 of such law, the request shall be granted. If an
				  application to inspect and/or copy records is denied, the records access
				  officer shall indicate the reason for such denial in writing and shall advise
				  the applicant of his right to appeal such denial to the administrative director
				  of the Department of Civil Service.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.10 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				whose application to inspect and/or copy records has been denied may appeal
				within 30 days of such denial to the administrative director at his office at
				the State Office Building Campus, Albany, New York. Such appeal must be in
				writing and must set forth: The name and return address of the requester; the
				date and location of the requests for records; the specific records to which
				the requester was denied access; the reasons given for such denial; and whether
				the denial of access was in writing or is considered to be a denial because of
				failure of the department to respond promptly to a request for
				records.
(b) The administrative
				director shall, upon receipt of an appeal in compliance with this section,
				review the request for access to records of the department and affirm, modify
				or reverse the denial. The administrative director shall inform the requester
				of the decision with regard to an appeal within seven business days of the
				receipt of a properly filed appeal, and of his right to appeal such decision
				pursuant to article 78 of the Civil Practice Law and Rules.
(c) Copies of all appeals and the
				determinations thereon shall be immediately forwarded to:
The Committee on Open Government
Department of State
162 Washington Avenue
Albany, NY 12231
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 80 - Public Access To Records › Section 80.11 - 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 this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the State Department of Civil Service to
				comply fully with the provisions of article 6-A of the Public Officers Law, the
				Personal Privacy Protection Law.
(b) The department shall maintain personal
				information in its records only if it is relevant and necessary to accomplish a
				purpose of the department that is required by statute or executive order, or to
				implement a program specifically authorized by law.
(c) Personal information will be collected,
				whenever practicable, directly from the person to whom it pertains.
(d) The department will seek to ensure that
				all records pertaining to or used with respect to individuals are accurate,
				relevant, timely and complete.
(e)
				These regulations provide information about the procedures by which the rights
				of access to information granted by the Personal Privacy Protection Law may be
				asserted.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term department or Department of
				Civil Service means the New York State Department of Civil Service.
(b) The term committee means the Committee on
				Open Government.
(c) The term data
				subject means any natural person about whom personal information has been
				collected by the department.
(d)
				The term personal information means any information concerning a data subject
				which, because of name, number, symbol, mark or other identifier, can be used
				to identify the data subject.
(e)
				The term disclose means to reveal, release, transfer, disseminate or otherwise
				communicate personal information or records orally, in writing, or by
				electronic or any means, to other than the data subject.
(f) The term governmental unit means any
				governmental entity performing a governmental or proprietary function for the
				Federal government or for any state or any municipality thereof.
(g) The term law means any State or Federal
				statute, rule or regulation.
(h)
				The term record means any item, collection or grouping of personal information
				about a data subject which is maintained and is retrievable by use of the name
				or other identifier of the data subject. The term record shall not include
				personal information which is not used to make any determination about the data
				subject if it is:
(1) a telephone book or
				directory which is used exclusively for telephone and directory
				information;
(2) any card catalog,
				book or other resource material in any library;
(3) any compilation of names and addresses
				only, which is used exclusively for the purpose of mailing department
				information;
(4) personal
				information required by law to be maintained, and required by law to be used,
				only for statistical research or reporting purposes;
(5) information requested by the department
				which is necessary to answer unsolicited requests by the data subject for
				information; or
(6) correspondence
				files.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.3 - Personal privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Director of Public Relations is hereby designated Privacy Compliance
				Officer and is responsible for ensuring that the department complies with the
				provisions of the Personal Privacy Protection Law and these regulations, and
				for coordinating responses to requests for records or amendment of
				records.
(b) The address and
				telephone number of the Privacy Compliance Officer are: New York State
				Department of Civil Service, Building 1, W. Averell Harriman State Office
				Building Campus, Albany, NY 12239; telephone (518) 457-6221.
(c) The Deputy Director of Public Relations
				is hereby designated Deputy Privacy Compliance Officer. The address and
				telephone number of the deputy are the same as for the privacy compliance
				officer set forth in subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons who
				wish to determine whether the department or commission maintains records
				containing information identifiable to them may contact the privacy compliance
				officer, who will assist in identifying such records and, if appropriate, will
				describe the contents of the department's system of records orally or in
				writing.
(b) Requests for access to
				records may be made to the privacy compliance officer in writing or orally, and
				must reasonably describe the record sought. Whenever possible, the data subject
				should supply identifying information that assists the department in locating
				the record sought. Requests will be accepted by mail, or in person, at the W.
				Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239, on
				any workday between the hours of 8:30 a.m. and 4:45 p.m.
(c) Within five business days of the receipt
				of a request, the department shall either provide access to the record or 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 shall be within 30 days from the date of the
				acknowledgment.
(d) When the record
				is located, the department shall:
(1) make 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;
(2) if requested, make a
				copy available, upon payment of or offer to pay the fees authorized by section
				81.10 of this Part, or permit the
				data subject to copy the record by hand; or
(3) deny access to the record, in whole or in
				part, and explain in writing the reasons therefor.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.5 - Records exempt from access by data subjects

Current through Register Vol. 46, No. 28, July 10, 2024
The following records are exempt from access by data
				  subjects:
(a) records specifically
				prohibited by statute from disclosure;
(b) except as provided in Part 82 of this
				Title, records concerning mental disability or medical records where access is
				not otherwise required by law;
(c)
				personal information pertaining to the incarceration of an inmate at a State
				correctional facility, which is evaluative in nature or whose release could
				endanger the life or safety of any person, unless access is otherwise permitted
				by law or by court order;
(d)
				attorney's work product or material prepared for litigation;
(e) public safety records;
(f) records containing information compiled
				for law enforcement purposes which, if disclosed, would:
(1) interfere with law enforcement
				investigations or judicial proceedings;
(2) deprive a person of a right to a fair
				trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal criminal
				investigative techniques or procedures, except routine techniques and
				procedures;
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.6 - Amendment on correction of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a written 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 department
				  shall:
(a) make the amendment or
				correction, in whole or in part, and inform the data subject that, on his or
				her 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.7 - Department's failure to respond

Current through Register Vol. 46, No. 28, July 10, 2024
A failure to grant or deny access to records within five
				  business days of the receipt of a request, or within 30 days of an
				  acknowledgment of the receipt, or failure to respond to a request for amendment
				  or correction of a record within 30 business days of receipt of such a request,
				  shall be construed as a denial that may be appealed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record or
				personal information pursuant to this Part may, within 30 business days of such
				denial, appeal in writing to the Deputy Commissioner and General Counsel of the
				Department of Civil Service at the W. Averell Harriman State Office Building
				Campus, Building 1, Albany, NY 12239.
(b) In order to be acted upon, the appeal
				must identify:
(1) the record that it
				concerns;
(2) the date and location
				of a request for a record or amendment or correction of a record or personal
				information; and
(3) the appellant,
				and list his or her address.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.9 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination shall notify the data subject of the right to:
(1) file a statement of reasonable length,
				setting forth the data subject's reasons for disagreement with the
				determination; and
(2) request that
				the statement be provided to any person or governmental unit to which the
				record has been or is disclosed pursuant to paragraph (d), (i) or (l) of
				subdivision 1 of section
				96 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Any fees authorized in this section shall be payable in
				  advance.
(a) The fee for photocopies
				not exceeding 9 by 14 inches shall be 25 cents per page.
(b) The fee for photocopies of records in
				excess of 9 by 14 inches per page shall be the actual copying cost, which is
				the average unit cost for copying a record excluding fixed costs of the agency
				such as operator salaries.
(c) In
				the event that the record is of such a nature that it cannot be photocopied, a
				transcript of such record shall be made upon request of the applicant. Such
				transcripts may either be typed or handwritten, at the discretion of the
				department. In such cases, the requester may be charged for the clerical time
				involved in making the transcript.
(d) The department, in its discretion, may
				provide copies of records without charging a fee.
(e) No fee will be charged for:
(1) inspection of records;
(2) searching for records; or
(3) a certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 81 - Access To Personal Information › Section 81.11 - 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 this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 82 - Disclosure Of Medical Records › Section 82.1 - Written requests

Current through Register Vol. 46, No. 28, July 10, 2024
In response to a written medical record access request from
				  the person to whom the medical record pertains, the Employee Health Service
				  shall:
(a) acknowledge the request
				within 10 days of its receipt;
(b)
				notify the individual of the opportunity to inspect any medical records
				concerning him or her possessed by the Department of Civil Service or the Civil
				Service Commission;
(c) provide a
				statement concerning the approximate date by which the request for access will
				be granted, which shall not be later than 45 days from the date of the
				acknowledgment;
(d) require
				appropriate identification of individuals requesting access to medical
				records;
(e) charge 25 cents per
				page for copies of the medical record, which fee may be waived at the
				discretion of the Department of Civil Service; and
(f) upon receipt of appropriate written
				authorization, mail copies of the medical record to the individual's home
				address.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 82 - Disclosure Of Medical Records › Section 82.2 - Source confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall require the Employee Health
				  Service to provide individuals with access to information which would reveal
				  the identity of a source who furnished it under an express promise that his or
				  her identity would be held in confidence.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 82 - Disclosure Of Medical Records › Section 82.3 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Medical records
				concerning an individual shall not be disclosed to third parties except:
(1) Upon written authorization of the subject
				of the records. Such authorization shall identify the medical records to be
				provided; the person, agency or entity to whom the records are to be provided;
				the address to which the records are to be sent; the purpose for which the
				records will be used, and the date the authorization shall expire. If no
				expiration date is specified, it shall expire 90 days from the date of receipt
				of the authorization by the Department of Civil Service.
(2) When required by law or court order,
				provided that notification is made to the subject of the record prior to such
				disclosure, unless such notification is prohibited by law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 82 - Disclosure Of Medical Records › Section 82.4 - Correction or amendment of medical records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 60 days of receipt of a written request from the
				  subject of a medical record for correction or amendment of the medical record,
				  the Employee Health Service shall:
(a)
				make the correction or amendment in whole or in part; or
(b) inform the record subject of its refusal
				to correct or amend and the reasons therefor, and of that person's right to
				have incorporated into the record his or her own statement, of reasonable
				length, setting forth the reasons for disagreement with the record. Such
				statement of disagreement shall be furnished to all persons to whom the medical
				record is subsequently disclosed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility and the intent of the State
				  Department of Civil Service to adopt regulations pursuant to the HIV and AIDS
				  Related Information Act (Public Health Law, article 27-F). All officers,
				  employees and agents of the department shall at all times maintain the
				  confidentiality of any HIV related information in their possession, in
				  accordance with the requirements of the statute and these
				  regulations.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.3 - Antidiscrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				policy of the department that the department and its officers, employees and
				agents shall not discriminate against any individual by virtue of his or her
				being identified as, or suspected of, having AIDS, HIV infection, or HIV
				related illness.
(b) The department
				will take appropriate steps to make its officers, employees and agents aware of
				the department's policy as set forth in this section. All officers, employees
				and agents of the department shall act in a manner consistent with this policy
				when performing their official duties for the department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.4 - Access to confidential hiv related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees or agents of the department are
				not to have access to confidential HIV related information maintained by the
				department except as part of their official duties.
(b) Agents of the department may be
				authorized to have access to confidential HIV related information maintained by
				the department only when reasonably necessary to perform the specific
				activities for which they have been designated as agents of the
				department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.5 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person who
				obtains confidential HIV related information in the course of performing his or
				her duties as an employee or agent of the department may disclose such
				information except in accordance with the provisions of the HIV and AIDS
				Related Information Act (Public Health Law, article 27-F) and the provisions of
				this Part.
(b) Any disclosure,
				except disclosures to employees or agents of the department where reasonably
				necessary to carry out their official duties and to any person to whom
				disclosure is mandated by a court of competent jurisdiction, must be
				accompanied by the following written statement prohibiting further disclosure:
				"This information has been disclosed to you from confidential records which are
				protected by State law. State law prohibits you from making any further
				disclosure of this information without the specific written consent of the
				person to whom it pertains, or as otherwise permitted by law. Any unauthorized
				further disclosure in violation of State law may result in a fine or jail
				sentence or both. A general authorization for the release of medical or other
				information is not sufficient authorization to further disclosure."
(c) All disclosures, except disclosures to
				employees and agents as reasonably necessary to perform their official duties,
				are to be appropriately documented in the case folder of the protected
				individual, who shall be informed of such disclosures upon request.
(d) No flags on case folders, lists on walls,
				or other similar displays shall be used to indicate clients with HIV infection.
				This shall not be construed to prevent the existence of specialized
				caseloads.
(e) Confidential HIV
				related information shall not be disclosed in response to a request under the
				Freedom of Information Law (Public Officers Law, article 6) or in response to a
				subpoena. A court order issued pursuant to Public Health Law, section 2785 is
				required.
(f) The department will
				take appropriate steps to make all employees and agents aware of the provisions
				of the HIV and AIDS Related Information Act (PHL, article 27-F) concerning
				confidentiality of HIV related information and the department's rules regarding
				confidentiality of records. All authorized employees and agents of the
				department shall at all times maintain the confidentiality of any confidential
				HIV related information in their possession.