New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XX - Higher Education Services Corporation › Subchapter A - Administration › Part 2002 - Public Access To Records › Section 2002.3 - Availability of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Generally. The public records of the corporation shall be available for
				  inspection and copying Monday through Friday, except legal holidays, between
				  the hours of 9 a.m. and 5 p.m. Requests may be submitted to:
Records Access Officer
New York State Higher Education
Services Corporation
99 Washington Avenue
One Commerce Plaza
Albany, NY 12255
(b) Trade secrets.
(1) Any person who submits any information to
				  the corporation may, at the time of such submission, request that the
				  corporation exempt such information from disclosure on the basis that it is a
				  trade secret or is maintained by the corporation for the regulation of
				  commercial enterprise and which, if disclosed, would cause substantial injury
				  to the competitive position of the entity making such request.
(2) Such request from disclosure shall:
(i) be in writing;
(ii) be submitted simultaneous with or prior
				  to the information which is the subject of the request; and
(iii) state the reasons why the information
				  should be excepted from disclosure.
Where the request itself contains information which if
					 disclosed would defeat the purpose for which the exception is sought, such
					 information shall also be excepted from disclosure.
(3) Information which is the
				  subject of a request made pursuant to paragraph (1) of this subdivision is
				  excepted from disclosure until 15 days after entitlement status has been
				  finally determined or, when entitlement to an exception from disclosure has
				  been granted, until such entitlement has expired, or until such further time as
				  ordered by a court of competent jurisdiction.
(4) On the initiative of the records access
				  officer at any time, or upon the request of any person for a record excepted
				  from disclosure pursuant to this subdivision, the corporation shall:
(i) inform the person who requested the
				  exception of the corporation's intention to determine whether such exception
				  should be granted or continued;
(ii) permit the person who requested the
				  exception, within 10 business days of receipt of notification from the
				  corporation, to submit a written statement of the necessity for the granting or
				  continuation of such exception; and
(iii) within seven business days of receipt
				  of such written statement, or within seven business days of the expiration of
				  the period prescribed for submission of such statement, issue a written
				  determination granting, continuing or terminating such exception and stating
				  the reasons therefor; copies of such determination shall be served upon the
				  person, if any, requesting the record, the person who requested the exception,
				  and the Committee on Open Government.
(5) If a request for access to the record has
				  not been received by the corporation at the time a request for exception is
				  under consideration, the records access officer, in his or her discretion, may
				  withhold the determination as to the exception until an access request has been
				  received.
(6) A denial of an
				  exception from disclosure under this subdivision may be appealed by the person
				  submitting the information, and a denial of access to the record may be
				  appealed by the person requesting the record in accordance with the provisions
				  of Public Officers Law, section 89.5(c).
(7) Information excepted from disclosure
				  pursuant to this subdivision, or as to which a request for such an exception
				  has been made and a final determination has not as yet been had, shall be
				  maintained apart from other documents in a locked file cabinet, locked desk
				  drawer or other place secure from general access. Such records shall be placed
				  in envelopes with flaps, or other containers which will effectively maintain
				  the integrity of the documents and which can be marked so as to clearly limit
				  access to the contents. Such records shall be in the custody of the head of the
				  division or office with which the record is filed. That person shall specify,
				  in writing, which persons subject to his or her supervision may inspect such
				  records. Only that person, those he or she so specifies, the records access
				  officer and the records access appeals officer shall be entitled to access to
				  such records.