reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6220 - Cyber Security Requirements for Boards of Elections › Section 6220.2 - Cyber Security Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each Board of Elections shall establish a cyber security program that includes
				all of the elements required under section 6220.3  of this part to ensure the
				protection and safety of all systems and machines that access, store, process,
				and transmit election data, other than voting systems which already have
				security protocols pursuant to section
				6210.11 
				of this part.
(b) Each Board of
				Elections shall certify compliance of its cyber security program to the State
				Board of Elections annually but no later than August
				1st in any given year.
(c) Such certification shall include a
				statement stating that it has successfully established each element outlined in
				section 6220.3  of this part, or, in the alternative, submit a plan for
				compliance to the State Board of Elections that includes a target completion
				date for any outstanding elements.
(d) Each Board of Elections must designate
				two, bi-partisan Elections System Security Officers (ESSOs) to the Secure
				Elections Center in a letter to the CoExecutive Directors of the State Board of
				Elections signed by both County Commissioners, who are:
(1) responsible for the establishment of the
				cyber security program.
(2)
				designated as the points of contact with regard to the board of elections cyber
				security program, and in addition but not limited to, emergency response,
				incident communications, and recovery of election operations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6220 - Cyber Security Requirements for Boards of Elections › Section 6220.3 - Cyber Security Program Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cyber security program shall have the
				following elements:
(1) Data Classification
(i) Each Board of Elections shall conduct a
				data classification exercise to: identify Board of Elections data assets and
				information systems; determine the criticality of data assets and information
				systems; determine the order and scope of data assets required to be backed up
				based on the criticality derived from the data classification exercise; and
				determine the priority to restore data based on the criticality derived from
				the data classification exercise.
(ii) Each Board of Elections shall conduct
				such data classification exercise for each new information system that creates,
				modifies, stores, or transmits election data.
(iii) The data classification exercise must
				be initiated in the first year of this regulation and must be completed no
				later than August 1st prior to the general election
				each year; however, if a new information system is created subsequent to August
				1st, but prior to election day, a new data
				classification exercise must be conducted as soon as practicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6221 - Cyber Security Requirements for Boards of Elections › Section 6221.38 - Debate, Statewide Office

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Requirement to Participate in Debates. Participating candidates for statewide
				office are required to take part in at least one debate before each election
				for which the candidate receives public funds, unless the participating
				candidate is running unopposed, or no other nonparticipating candidate
				qualifies for such a debate.
(1)
				Non-participating candidates may participate in such debates subject to meeting
				criteria in paragraph (c)(2) of this section.
(2) Each debate held shall be at least one
				hour in duration.
(3) For the
				purposes of this section, a "debate" shall mean the moderated reciprocal
				discussion among candidates on the ballot for the same office.
(4) Except as otherwise provided for, each
				debate for a primary or general statewide election shall include those
				participating candidates and non-participating candidates the PCFB has
				determined to meet the non-partisan, objective and non-discriminatory criteria
				set fo rth in subdivision (a)(5) of this section.
(5) Each participating and non-participating
				candidate shall meet criteria, including financial criteria requiring that a
				participating or nonparticipating candidate shall be eligible to participate in
				such debate if they have, by the last filing date prior to such debate raised,
				and spent an amount equal to or more than 5% of the limits on public funding
				for the candidate provided under section 14-204  of the election law during the
				applicable election cycle. For the purposes of these criteria, candidates for
				governor and lieutenant governor from the same party in a general or special
				election shall each be deemed to satisfy the criteria if either of them does or
				if both of them together do.
(6) If
				a non-participating candidate does not accept such invitation to debate or does
				not appear at such debate, the debate shall go forward as scheduled; provided,
				however, if there is only one candidate participating, such debate shall be
				cancelled.
(7) Nothing contained in
				this section shall preclude any candidate from agreeing to participate in any
				number of additional debates between any and all candidate for a statewide
				office, including non-participating candidates. These debates need not be held
				under guidelines or the purview of the Public Campaign Finance
				Board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.0 - 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 of records of the New York State Council
				  on the Arts 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 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) the term council means the New York State
				Council on the Arts, a State agency;
(b) the term record or records means any
				file, memorandum, document or other matter referred to in section 86 of the
				Freedom of Information Law;
(c) the
				term executive director means the executive director of the council;
				and
(d) the term records access
				officer means an employee of the council from time to time designated by the
				executive director to receive and respond to inquiries to inspect and copy
				records maintained by the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.2 - Procedure for obtaining records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records access officer shall be the
				custodian of the records of the council. Any person wishing to inspect and/or
				obtain a copy of such records may make application in writing to the records
				access officer, designating, in a reasonably specific manner, the record or
				records sought. Requests should be addressed to: Records Access Officer, New
				York State Council on the Arts, 80 Centre Street, New York, New York 10013.
				Applications for inspection of records may also be made in person to the
				records access officer at the council's offices at 80 Centre Street, New York,
				New York 10013, during regular working hours on each business day the council
				is open to the public. In such instances, applicants will be required to
				furnish a written request for records, which may be on a form provided by the
				records access officer, listing the records requested.
(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) The council shall respond to any request
				reasonably describing the record or records sought within five business days of
				receipt of the request.
(d) If the
				records access officer does not provide or deny access to the record sought
				within five business days of receipt of a request, he or she shall furnish a
				written acknowledgment of receipt of the request and a statement of the
				approximate date when the request will be granted or denied. If access to
				records is neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, it shall be construed as a denial of
				access that may be appealed.
(e)
				Should a requested record be currently in use by the council, the inspection of
				said record by an applicant may be reasonably delayed until the record is
				available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.3 - List of records

Current through Register Vol. 46, No. 28, July 10, 2024
On behalf of the council, the records access officer shall
				  maintain and make available for inspection a list of the types of records kept
				  by the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.4 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for photocopies of records shall be 25 cents per page
				  not exceeding 81/2 inches by 14 inches in size. The fee for other types of
				  copies shall be such reasonable amount as the records access officer shall
				  establish. Notwithstanding the above, the records access officer may, in his or
				  her discretion, waive all or any portion of the fees authorized by this section
				  for any record or class of records. At the request of any applicant, the
				  records access officer shall certify, free of charge, that any record made
				  available to the public pursuant to this Part is a genuine copy of a council
				  record. There shall be no fee for inspection of records or for searching for
				  records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.5 - 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 pertains to information that is
				  exempt from disclosure under the Freedom of Information Law, he or she shall
				  grant the application. If the records access officer determines that an
				  application to inspect and/or copy records pertains to information exempted
				  from disclosure by the Freedom of Information Law, he or she may deny such
				  application. In denying the application to inspect and/or copy records, the
				  records access officer shall indicate his or her reason for such denial and
				  shall advise the applicant of his or her right to appeal such denial to the
				  executive director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.6 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any person whose application to inspect or copy records has
				  been denied pursuant to section
				  6400.5 
				  of this Part may appeal such denial, within 30 days after the date thereof, to
				  the executive director at 80 Centre Street, New York, New York 10013. Such
				  appeal must be in writing and must set forth: the name and address of the
				  applicant; the date of the request for records; the specific record(s) to which
				  access was denied; whether the denial of access was in writing or was due to
				  failure to provide records promptly in accordance with section
				  6400.2(d) 
				  of this Part; and the reasons, if any, given for such denial. The executive
				  director shall, upon receipt of a written appeal, transmit a copy thereof to
				  the Committee on Public Access to Records, review the matter and affirm, modify
				  or reverse the denial. Within seven business days of receipt of the appeal, the
				  executive director shall:
(a)
				communicate his or her reasons for such determination to the person making the
				appeal;
(b) inform such person of
				his or her right to appeal such affirmation or modification under article 78 of
				the Civil Practice Law and Rules; and
(c) transmit to the Committee on Public
				Access to Records copies of the appeal and determination thereon.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.7 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The amended version of this Part shall take effect as of the
				  date of filing with the Secretary of State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6400 - Availability Of Records For Public Inspection And Copying › Section 6400.8 - 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 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the procedure by
				  which an applicant may appeal a New York State Council on the Arts decision
				  denying in whole or in part its program request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term council means the New York State
				Council on the Arts, a State agency.
(b) The term executive director means the
				executive director of the council.
(c) The term program request means an
				application to the council to contract for funding for a particular project or
				program.
(d) The term notification
				letter means a letter informing the applicant of the decision of the council
				regarding a program request.
(e)
				The term formal request to appeal means a written statement from an applicant
				informing the council that the applicant wishes to appeal a council decision
				which denied in whole or in part the applicant's program request.
(f) The term materials means the applicant's
				detailed written statement setting forth the grounds for appeal.
(g) The term reply letter means a letter from
				the executive director to the applicant in response to the formal request to
				appeal filed by the applicant.
(h)
				The term appeals panel means the body of the council which considers, on
				appeal, program request decisions of the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.2 - Grounds for appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Limitation of grounds. There are only three grounds upon which an applicant may
				base an appeal, as set forth below. An applicant must state in writing which of
				these grounds it is relying upon in making an appeal. The applicant must state
				in detail the facts which make applicable the particular ground for appeal.
				This statement constitutes the materials, within the meaning of section
				6401.1(f) 
				of this Part and is to be submitted in accordance with section
				6401.3(d).
				One, two or all three grounds may be alleged. The three grounds are:
(1) Nonpresentation of information.
				Information which an applicant made known to the council staff prior to the
				council's program request decision was not presented to the council and which,
				if presented, might have altered the council's decision.
(2) Misrepresentation of information.
				Information which an applicant made known to the council staff prior to the
				council's program request decision was distorted in its presentation to the
				council and which, if presented fairly, might have altered the council's
				decision.
(3) Improper procedure.
				The two possible bases for asserting this ground are (i) the review of the
				program request by the appropriate advisory panel was biased; or (ii) the
				program request decision of the council was arbitrary and capricious.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.3 - Procedure for appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Obtaining a verbal statement. After receiving the notification letter from the
				council, the applicant, as a preliminary step to appealing the council's
				decision, must by telephone or in person request a verbal statement of the
				basis for the council's decision. The request should be made to the program
				department referred to in the notification letter, which will then direct the
				applicant to an appropriate member of the council staff. That staff member will
				provide the statement over the telephone or, if the applicant arranges for an
				interview, in person.
(b) Formal
				request to appeal. Having been informed of the basis for the council's
				decision, the applicant may then decide to continue the appeals process. The
				applicant must submit to the executive director a formal request to appeal the
				council's decision, as defined in section
				6401.1(e) 
				of this Part. The formal request to appeal must be received by the executive
				director within the time limitations specified in section
				6401.4  of this
				Part.
(c) Reply letter. Following
				receipt of the applicant's formal request to appeal, the executive director
				will send a reply letter to the applicant. The applicant's appeal will be
				assigned a date on which it will be considered by the appeals panel. The reply
				letter will also assign a deadline by which the applicant must submit the
				materials as defined in section
				6401.1(f) 
				of this Part. This deadline will be 14 days prior to the meeting of the appeals
				panel. For this subdivision only, if the deadline falls on a Saturday, Sunday
				or public holiday on which the council offices are closed, the deadline will be
				moved to the next succeeding day which is not a Saturday, Sunday or public
				holiday on which the council offices are closed.
(d) Materials. The applicant must submit to
				the executive director the materials, as defined in section
				6401.1(f) 
				of this Part, which will then be considered by the appeals panel in reviewing
				the appeal. The material must be received by the executive director within the
				time limitations specified in section
				6401.4  of this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.4 - Time limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Submission of the formal request. The formal request to appeal, as defined in
				section
				6401.1(e) 
				of this Part, must be received by the executive director not later than 5 p.m.
				on the 21st day after the date of the notification letter.
(b) Submission of the materials. The
				materials, as defined in section
				6401.1(f) 
				of this Part, must be received by the executive director not later than 5 p.m.
				on the date specified in the reply letter as the deadline for submission of the
				materials. This date shall be not less than seven days after the date of the
				reply letter.
(c) Calculation of
				days. Saturdays, Sundays and public holidays are to be counted in computing the
				number of days.
(d) Noncompliance.
				Failure by the applicant to comply with any deadline will result in the loss of
				the right to continue the appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.5 - Appeals panel

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Membership. The council shall determine the number of members of the appeals
				panel, which shall be composed of not less than five members. The chairman of
				the council shall appoint the members of the appeals panel, and set their term
				of office.
(b) Meetings. The
				appeals panel shall meet periodically throughout the year, according to the
				schedule established annually by the executive director. The meetings shall be
				open to the public pursuant to the Open Meetings Law.
(c) Voting provisions. The appeals panel
				shall act by an absolute majority of the number of appeals panel
				members.
(d) Attendance by
				executive director. The executive director, or the nominee of the executive
				director, shall attend all meetings of the appeals panel.
(e) Notice. The executive director shall
				provide written notice to the applicant of the decision of the appeals
				panel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.6 - Council action on appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Appeals panel recommends that appeal brought on the basis of section
				6401.2(a)(1) or
				(2) or
				6401.2(a)(3)(ii) 
				of this Part has merit. Should the appeals panel recommend that the appeal
				brought on the basis of section
				6401.2(a)(1) or
				(2) or
				6401.2(a)(3)(ii) 
				of this Part has merit, the application will be reviewed de novo as soon as
				practicable by the staff, panel, committee and council, but if the
				recommendation is received after the disbursement of all council funds, the
				application shall be reviewed at the first funding meeting of the next year,
				under the guidelines of the previous year. A council decision on a program
				request that has been reviewed under this subdivision is final.
(b) Appeals panel recommends that an appeal
				brought on the basis of section
				6401.2(a)(3)(i) 
				of this Part has merit. Should the appeals panel recommend that an appeal
				brought on the basis of section
				6401.2(a)(3)(i) 
				has merit, the application will be reviewed as soon as practicable by the staff
				who will then forward the appeal directly to the appropriate committee which
				will then send it to the council, but if the recommendation is received after
				the disbursement of all council funds, the application shall be reviewed at the
				first funding meeting of the next year, under the guidelines of the previous
				year. A council decision on a program request that has been reviewed under this
				subdivision is final.
(c) Appeals
				panel recommends that appeal has no merit. A recommendation by the appeals
				panel that an appeal has no merit shall be presented to the council for action
				at the next regularly scheduled council meeting, or as soon thereafter as is
				practicable. Concurrence by the council in the recommendation of the appeals
				panel terminates the appeal process for that particular program request. A
				decision of the council, which reverses the recommendation of the appeals panel
				and finds that the appeal has merit, will result either in the remand of the
				application for de novo review by staff, panel, committee and council in the
				same manner as provided in subdivision (a) of this section, or, if the council
				so selects, in a de novo review and decision on funding by the council, without
				remand to staff, panel or committee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6401 - Funding Decision Appeals › Section 6401.7 - 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 judged 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 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				is the responsibility and the intent of the New York State Council on the Arts
				to fully comply with the provisions of article 6-A of the Public Officers Law,
				the Personal Privacy Protection Law.
(b) The council shall maintain in its records
				only such personal information that is relevant and necessary to accomplish a
				purpose of the council that is required to be accomplished 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 the
				information pertains.
(d) The
				council seeks to ensure that all records pertaining to or used with respect to
				individuals are accurate, relevant, timely and complete.
(e) These regulations provide information
				regarding the procedures by which members of the public may assert rights
				granted by the Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative officer of the council
				is hereby designated privacy compliance officer, and is responsible for
				ensuring that the agency complies with the provisions of the Personal Privacy
				Protection Law and the regulations in this Part, and for coordinating the
				agency's response to requests for records or amendment of records.
(b) The address and telephone number of the
				privacy compliance officer is: 80 Centre Street, New York, NY 10013, (212)
				587-4579.
(c) Deputy privacy
				compliance officers, their names and/or titles, addresses and telephone numbers
				are hereby designated as follows: Personnel Clerk, New York State Council on
				the Arts, 80 Centre Street, New York, NY 10013, (212) 587-4579.
(d) The privacy compliance officer and/or his
				deputies are responsible for:
(1) assisting a
				data subject in identifying and requesting personal information, if
				necessary;
(2) describing the
				contents of systems of records orally or in writing in order to enable a data
				subject to learn if a system of records includes a record or personal
				information identifiable to a data subject requesting such record or personal
				information;
(3) taking one of the
				following actions upon locating the record sought:
(i) make the record available for inspection,
				in a printed form without codes or symbols, unless an accompanying document
				explaining such codes or symbols is also provided;
(ii) permit the data subject to copy the
				record; or
(iii) deny access to the
				record in whole or in part, and explain in writing the reasons
				therefor;
(4) making a
				copy available, upon request, upon payment of or offer to pay established fees,
				if any, or permitting the data subject to copy the records;
(5) upon request, certifying that a copy of a
				record is a true copy; and
(6)
				certifying, upon request, that:
(i) the
				council does not have possession of the record sought;
(ii) the council 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 council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When a request is made in person, or when records are made available in person
				following a request made by mail, the council may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the council, a photograph or similar information that confirms that
				the record sought pertains to the data subject.
(b) When a request is made by mail, the
				council may require verification of a signature or inclusion of an identifier
				generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record accessible to
				the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				be made available at the main office of the council, which is located at 80
				Centre Street, New York, NY 10013.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Requests may be made in writing. Personal requests are possible upon the
				applicant's demonstration of proof of his or her identity.
(b) A request shall reasonably describe the
				record sought. Whenever possible, the data subject should supply identifying
				information that assists the council in locating the record sought.
(c) Requests based upon categories of
				information described in a notice of a system of records or a privacy impact
				statement shall be deemed to reasonably describe the record sought.
(d) Within five business days of the receipt
				of a request, the council shall provide access to the record, deny access in
				writing explaining the reasons therefor, or acknowledge the receipt of the
				request in writing, stating the approximate date when the request will be
				granted or denied, which date shall not exceed 30 days from the date of the
				acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
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 council shall:
(a) make the amendment or correction, in
				whole or in part, and inform the data subject that, on request, such correction
				or amendment will be provided to any person or governmental unit to which the
				record or personal identification has been or is disclosed pursuant to
				paragraph (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
				refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.8 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of a request for records or amendment or correction of a record or
				personal information:
(1) shall be in
				writing, explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				may be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.9 - 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 section
				6402.8 
				of this Part may, within 30 days of such denial, appeal to: Executive Director,
				New York State Council on the Arts, 80 Centre Street, New York, NY
				10013.
(b) The time for deciding an
				appeal shall commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				record or amendment or correction of a record or personal
				information;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.10 - 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 rendered pursuant to the appeal shall inform the data subject of
				the right to:
(1) file with the council a
				statement, of reasonable length, setting forth the data subject's reasons for
				disagreement with the determination; and
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
				of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6402 - Access To Personal Information › Section 6402.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the general
				  regulations that govern the operations and procedures of the New York State
				  Council on the Arts, a State agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term council means the governing body
				of the New York State Council on the Arts. The council shall consist of 20
				individuals appointed by the Governor.
(b) The term council committees means the
				committees that are established to review funding requests from the individual
				program departments of the council. Council committees are composed of members
				of the council and they review and vote upon each request for funding in each
				application after it has been reviewed by the council's staff and the
				appropriate advisory panel. Each council committee makes funding
				recommendations to the council. Each council committee shall have at least five
				members, all of whom shall be members of the council.
(c) The term advisory panel means an advisory
				body of the council that reviews the requests for funding in each application
				after it has been reviewed by members of the council staff. Advisory panels are
				composed of qualified individuals selected by the chairman and approved by the
				council to collectively advise and assist the council in the cultural funding
				process.
(d) The term funding
				request means a request or application for public funds by an applicant to the
				council in order to accomplish a public purpose for the cultural benefit of the
				people of the State of New York.
(e) The term grant means an allocation of
				funds by the council to an applicant pursuant to a cultural services contract
				to accomplish a public purpose of support and stimulation of the
				arts.
(f) The term cultural
				services contract means a contract between a recipient of public funds and the
				council on behalf of the State of New York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.2 - Meetings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The council and
				council committees.
(1) Open meetings. The
				council and council committees are public bodies as defined by section 102(2)
				of the Open Meetings Law. All meetings of the council and council committees
				shall be open to members of the public in accordance with section 103(a) of the
				Open Meetings Law.
(2) Public
				notice. The council shall provide advance notice of council and council
				committee meetings to the public and to the news media by publishing the time
				and place of all such meetings in its newsletters, press releases and by other
				means to provide sufficient public notice pursuant to section 104 of the Open
				Meetings Law.
(3) Executive
				sessions. Upon a majority vote of the total authorized membership of the
				council or a council committee taken in an open meeting pursuant to section
				105(1) of the Open Meetings Law, identifying the particular subject matter to
				be discussed and the specific grounds authorizing executive session, the
				council or any council committee may conduct an executive session in accordance
				with section 105(1)(f) of the Open Meetings Law. Section 105(1)(f) of the Open
				Meetings Law permits the council and council committees to conduct executive
				sessions when discussing:
(i) the medical,
				financial, credit or employment history of a particular applicant for funding,
				or an officer or employee of such applicant; or
(ii) matters leading to the appointment,
				employment, promotion, discipline, suspension, dismissal or removal of a
				particular applicant for funding or an officer or employee of such applicant.
				The council or council committees may also conduct executive sessions in
				accordance with the other subsections of section 105 of the Open Meetings
				Law.
(4) Minutes. The
				council shall maintain and publish minutes of all open and executive sessions
				of the council and council committees pursuant to section 106 of the Open
				Meetings Law. Minutes taken at open meetings shall contain a summary of all
				motions, proposals, resolutions and any other matter formally voted upon and
				the vote thereon. Minutes shall be taken at executive sessions of any action
				that is taken by formal vote which shall consist of a record or summary of the
				final determination of such actions, and the date and vote thereon; provided,
				however, that such summary need not include any matter which is not required to
				be made public by the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.3 - Quorums and voting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				council and council committees shall convene, conduct business, vote and act in
				accordance with the quorum and voting provisions of section 41  of the General Construction Law.
(1) The council.
(i) Quorums and voting. The council shall
				convene and conduct business and vote on council matters only in the presence
				of a quorum consisting of an absolute majority of the total authorized
				membership of the council. The council shall act only upon the vote of an
				absolute majority of the total authorized membership of the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.4 - Advisory panel selection and membership

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Qualifications. The advisory panels shall
				consist of individuals from the public who are qualified and knowledgeable in
				their particular field of endeavor pertaining to the arts, selected to review
				the funding applications in their particular program area.
(b) Selection. Advisory panelists shall be
				chosen by the chairman with the approval of the council. The council shall
				solicit annually nominations of panelists from the staff, current panelists,
				council members and members of the arts constituency and the general public.
(1) Solicitation of nominations. The council
				shall actively solicit nominations for qualified advisory panelists through its
				newsletter, press releases and other publications, and shall inform all parties
				and members of the public of the appropriate time to submit
				nominations.
(2) Nominations.
				Nominations for advisory panelists shall be made in writing, shall state the
				qualifications of the nominee and shall include a resume of the person being
				nominated. An individual may nominate himself or herself. Nominations shall be
				sent or delivered to the executive director's office at the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.6 - Funding decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notification. The council shall notify each applicant of its funding decision
				in writing within 30 days of the council meeting at which the final decision is
				made.
(b) Statement of reasons.
				Upon written request, an applicant that has been denied funding or that
				receives a grant for less than the requested amount, shall receive a written
				explanation of the council's decision within 60 days of such request. Such
				explanation shall include a statement of the facts and findings relied upon,
				and the reasons underlying the council's decisions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.7 - Cultural services contract

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants that receive favorable funding decisions from the
				  council must enter into a cultural services contract with the council,
				  detailing the obligations of the applicant upon receiving its grant. All
				  cultural services contracts require compliance with the New York State Finance
				  Law and the New York State Labor Law and prohibit discrimination by recipients
				  of council funds based on race, creed, color, national origin, sex, age,
				  disability or marital status.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6403 - General Regulations Governing The New York State Council On The Arts' Operations And Procedures › Section 6403.8 - 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 judged 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 or
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
				  procedures for implementing the Capital Initiative Program established under
				  section 3.07  of the Arts and Cultural Affairs Law. Financial assistance shall
				  be provided under the Capital Initiative Program for the improvement, expansion
				  or rehabilitation of existing buildings for arts purposes. In addition, such
				  modifications may increase or assure public access, may address known health or
				  safety deficiencies, may provide for handicapped accessibility, or may address
				  energy conservation measures or such other purposes which may reduce the
				  organization's operating costs related to its building. Other substantive
				  projects which are in keeping with the spirit and intent of the above-stated
				  purposes may also receive financial assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
In carrying out the intent of the Capital Initiative Program,
				  it is the stated policy of the council to promote cultural development in rural
				  and minority communities. The council will effect this policy by giving
				  particular attention to the capital needs of arts groups located in and serving
				  these communities.