reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 480 - Payments To An Owner Or Tenant Or Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Superintendent Of State Police › Section 480.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses shall be made to
				  the superintendent upon forms prescribed by him and shall be accompanied by
				  such information and evidence as he may require and payment of such will be
				  made to eligible persons under the circumstances and to the extent set forth
				  below:
(a) General provisions
				applicable to both residential and commercial moves.
(1) When there has been an approval of a
				property acquisition program and property appropriation maps have been filed in
				the Department of State and the occupant of the property has been notified of
				such pending acquisition by the State or an agreement of purchase has been
				executed by the property owner and delivered to the State, the eligible persons
				are authorized to proceed with the relocation.
(2) Moving expenses shall not include any
				cost of construction or improvement at the new location to replace property for
				which compensation was made in the acquisition of right of way.
(3) In case of a partial taking of right of
				way by the State, removal from the area being acquired to a remainder area
				shall be considered a relocation eligible for the collection of moving expenses
				if removal of personal property of an eligible person is necessary.
(4) Moving expenses shall not include any
				indirect losses or losses due to negligence.
(5) Where an eligible individual or family
				occupy bona fide living quarters on the same premises as a business concern
				(including the operation of a farm) or a nonprofit organization they may be
				considered as a separate eligible person in determining the amount of payment
				for residential moving costs.
(6)
				After an eligible person has vacated the property, no moving expense payments
				will thereafter be eligible to any party with respect to the subsequent
				occupancy of the same property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 480 - Payments To An Owner Or Tenant Or Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Superintendent Of State Police › Section 480.5 - Actual moving expenses for business concerns

Current through Register Vol. 46, No. 28, July 10, 2024
Moving expenses for business concerns, nonprofit
				  organizations and operation of a farm will be on actual costs based upon
				  receipted bills from recognized movers or in the case of an owner or tenant
				  performing the moving himself, it would be on an actual cost of hiring
				  equipment and personnel at prevailing rates in the community for that type of
				  equipment and personnel. All books and records kept by the owner or tenant
				  shall be subject to review and audit by a State representative during
				  reasonable business hours all of which shall be documented in forms agreeable
				  to the Superintendent of Public Works [sic]. Such moving costs shall not
				  include the moving of any fixtures or equipment that were considered as part of
				  the realty in acquisition of the premises and likewise such costs shall not
				  include any charges at the new location for electric wiring, or plumbing nor
				  for the remodeling, redecorating or reinforcing of the new structure to
				  accommodate the equipment or stock of the individual business concern,
				  nonprofit organization or in the operation of a farm. Whenever moving is
				  performed by a licensed mover operating under regulatory authority, the amount
				  paid as reimbursement for actual moving expenses shall not be in excess of the
				  tariffs filed by such mover with either the Interstate Commerce Commission or
				  the State Public Service Commission as the case may be.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 481 - Reappointment To Member Positions After Resignation › Section 481.1 - Reappointment to member positions after resignation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A member who has resigned from his
				position may, in the discretion of the superintendent, be reinstated without
				examination, within one year from the date of such resignation in the position
				from which he resigned, if then vacant, or in any vacant position to which he
				was, at the time of resignation, eligible for reassignment.
(b) In computing the one-year period within
				which a person may be reinstated after resignation, the day the resignation
				takes effect and any time spent in active service in the military or naval
				forces of the United States shall not be counted.
(c) In an exceptional case, the
				superintendent may, in his discretion, for good cause shown and where the
				interests of the government would be best served, waive the provisions of this
				section to permit the reinstatement of a person to his former position more
				than one year but not more than three years after resignation.
(d) For the purpose of this section, where a
				member on leave of absence resigns, such resignation shall be deemed effective
				as of the date of the commencement of such leave.
(e) A former member who is reappointed may be
				reappointed to:
(1) the salary step in which
				he was serving on the date his resignation became effective; or
(2) the salary step to which he would have
				been entitled had his service been continuous and without
				interruption.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall mean and
				  include:
(a) Firearm means any pistol,
				revolver, or other firearm of a size which may be concealed upon the person,
				except an antique firearm.
(b)
				Licensee means any person, firm partnership, corporation or company, licensed
				as a gunsmith pursuant to section 400 of the Penal Law who is engaged in the
				business of manufacturing and assembling firearms, firearm frames or
				receivers.
(c) Licensed premises
				means the physical location within which the licensee is engaged in the
				business of manufacturing or assembling firearms, firearm frames or
				receivers.
(d) Basic structural
				component means any or all of the following individual parts or a permanent
				assembly forming a single part of a firearm, to wit: receiver or cylinder
				frame, barrel, cylinder, slide, breech block.
(e) Proof cartridge means a cartridge loaded
				to give chamber pressure in accordance with that recommended by the Sporting
				Arms and Ammunition Manufacturers' Institute for the cartridge applicable to
				the firearm being tested.
(f)
				Certificate of compliance means a statement in writing signed by the
				superintendent authorizing the licensee to manufacture or assemble a specific
				model firearm.
(g) Superintendent
				means the superintendent of the division of New York State Police.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.2 - Procedure for obtaining certificate of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The licensee shall make a written request
				to the superintendent for a certificate of compliance authorizing him to
				manufacture or assemble a specific model firearm. As a part of said application
				the licensee shall affirm under penalty of perjury that the firearm for which
				such certificate of compliance is being sought will be manufactured and
				assembled so as to meet all of the tests and specifications as to materials and
				parts required by section
				482.5 
				of this Part.
(b) Upon receipt of
				such request, the superintendent shall issue a certificate of compliance to the
				licensee that shall be in a form prescribed by the superintendent and that
				certificate of compliance shall be delivered to the licensee by first class
				mail.
(c) As a condition for the
				issuance of such certificate of compliance, the licensee shall make available
				to the superintendent samples of the material utilized in the manufacture or
				assembly of the firearm for which the certificate of compliance has been issued
				for the purpose of examination, analysis and testing.
In the alternative, he shall make available a completely
				  assembled firearm manufactured in compliance with said certificate of
				  compliance. Such samples or firearm shall be made available on request of the
				  superintendent at such time as he may deem necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.3 - Suspension or revocation of certificate of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the opinion of the superintendent,
				whenever the test samples or any firearm submitted by the licensee relating to
				a certificate of compliance fails to meet the criteria, specifications and
				requirements set forth in this section, the superintendent shall notify the
				licensee, in writing, setting forth the results of such tests and his intention
				to revoke or suspend such certificate of compliance.
(b) Within 10 days after receipt of such
				written notification of the superintendent's intention to revoke or suspend
				said certificate of compliance, the licensee may petition the superintendent
				for a hearing to review the test results on which the superintendent made his
				determination to revoke or suspend such certificate of compliance.
(1) Not later than 30 days after the date of
				receipt of such request, the superintendent shall cause a hearing to be held,
				at such time and place as designated by him, for the purpose of reviewing the
				reasons for suspending such certificate of compliance and to hear the
				licensee's argument against such reasons, or in the alternative, a showing on
				behalf of the licensee that his previous failure to manufacture and assemble
				such firearm, in accordance with such certificate of compliance, has been
				corrected.
(2) In the event the
				licensee desires a stenographic record of such hearing, he shall so notify the
				superintendent and bear any costs arising therefrom.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.4 - Inspection of records and inventory of gunsmiths licensed to manufacture firearms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				superintendent shall designate such members of the State Police as he may
				determine necessary, for the purpose of inspecting the licensed premises and
				records of the licensee relating to the manufacturing and assembling of
				firearms in accordance with the certificate of compliance issued by the
				superintendent.
(b) Each licensee
				shall permit inspection of the licensed premises by such designee of the
				superintendent on any business day during business hours and shall maintain and
				make available to such designee all records relating to the firearms
				manufactured or assembled within such licensed premises. Such records shall set
				forth but shall not be limited to the following information:
(1) type and caliber of firearm;
(2) serial number;
(3) name and address of person to whom each
				firearm so manufactured or assembled was delivered;
(4) a perpetual inventory of all firearms
				held within the licensed premises;
(5) the disposition of scrap, damaged stock
				or parts;
(6) record of test
				firings;
(7) current list of
				employees' names and addresses;
(8)
				quality control specifications and procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.5 - Specifications as to materials and parts in the manufacturing or assembling of firearms

Current through Register Vol. 46, No. 28, July 10, 2024
All firearms manufactured or assembled pursuant to this Part
				  shall meet the following material and parts specifications:
(a) Basic structural component. A basic
				structural component shall not be made of any material having a melting point
				(liquids) of less than 1,000 degrees Fahrenheit, and any material having an
				ultimate tensile strength of less than 55,000 pounds per square inch, and no
				less than eight percent minimum elongation in accordance with standardized
				metallurgical testing procedures.
(b) Barrel. After firing a proof cartridge,
				on visual examination, the barrel shall be free of cracks, bulges or
				splits.
(c) Cylinder (revolver).
				After firing a proof cartridge, on visual examination each chamber shall be
				free of cracks, bulges or splits. Cylinder stop notches (bolt notches) shall be
				formed to ensure positive engagement of the cylinder stop at each position
				aligned with the bore.
(d) Slide.
				After firing a proof cartridge, on visual examination, the slide material shall
				be free of cracks, bulges or splits; and the slide shall function throughout
				its full range of travel on the receiver (frame) guideways.
(e) Cylinder-frame or receiver. After firing
				a proof cartridge, on visual examination, the cylinder-frame or receiver shall
				be free of cracks, bulges or splits.
(f) Safeties.
(1) A pistol must have a positive, manual or
				automatically operated safety device to prevent firing.
(2) A double-action revolver must have a
				safety feature, that when the trigger is in its most forward position,
				automatically allows the firing pin to retract to where it does not contact the
				primer of a cartridge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.6 - Safety standards tests

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a firearm model shall be tested pursuant to this
				  Part, it shall be subjected to the following tests:
(a) Proof test. This test shall consist of
				the firing of one proof cartridge in each chamber. Each proof cartridge case
				shall be visually examined after firing to ensure there are no splits or other
				defects indicating firearm failure.
(b) Endurance test. This test shall consist
				of firing 1,000 rounds of commercial ammunition. Failure shall not exceed the
				number listed as permitted in Appendix K-2. Firing shall be in series of not
				more than 500 rounds. The sample shall be cleaned and lubricated at least once
				during each series. The safety shall be tested at the conclusion of the test to
				determine that it functions as intended. Malfunctions caused by failure to
				clean and lubricate, or by defective ammunition, shall not be counted against
				the sample.
(c) Drop test. The
				safety device on a pistol or revolver (single- or double-action) with an
				exposed hammer must withstand the impact of a weight equal to the weight of the
				firearm dropping from a distance of 36 inches in a line parallel to the barrel
				upon the rear of the hammer spur, a total of five times. Breakage or
				deformation which renders further firing impossible and which is not
				accompanied by discharge is considered satisfactory performance. This test is
				to be performed after the successful conclusion of the endurance
				test.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 482 - Licensed Gunsmiths Engaged In The Business Of Assembling Or Manufacturing Firearms › Section 482.7 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall become effective on April
				  1, 1976.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				division agrees with the principle that the people have the right to know the
				process by which government makes its decisions, and that the people should
				have access to the documents and the statistics on which such determinations
				are based.
(b) The division, being
				a statewide law enforcement agency mandated by law (section 223, Executive Law)
				to prevent and detect crime and to apprehend criminals, adheres to the
				principle that the greatest protection must be exercised to protect the
				identity and safety of those, who in confidence, assist the division in
				carrying out its mandate.
(c)
				Adhering to these principles, the division promulgates this Part with the
				intent and purpose of making available to the public the opportunity to
				inspect, copy, or obtain copies of its records, in accordance with the
				authority and limitations provided in article 6 of the Public Officers Law,
				commonly known as the: Freedom of Information Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context requires otherwise, the definitions used
				  in this Part have the following meanings:
(a) Division means the New York State Police,
				as established by section 210  of the Executive Law.
(b) Superintendent means the head of the New
				York State Police, as established by section 210  of the Executive Law.
(c) Division headquarters means the facility
				where the headquarters staff, as set forth in section 215, subdivision 1-a of
				the Executive Law, is housed and which facility is located at Building 22, 1220
				Washington Avenue, Albany, NY 12226-2252.
(d) Division installation means all buildings
				or parts of buildings, other than division headquarters, located throughout the
				State and which are used by the division for official purposes in carrying out
				the statutory responsibilities of the division.
(e) Record means a document, as defined by
				subdivision 4 of section 86  of the Public Officers Law, except a
				blotter.
(f) Blotter means the
				bound book in which is entered, by date and time, official police activities of
				the division which is kept at division installations.
(g) Member means a police officer duly
				appointed to the Division of State Police by the superintendent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.3 - Designation of records access officer; duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Technical Lieutenant--Central Records
				Section, having an office at division headquarters, shall be the division's
				records access officer.
(b) The
				records access officer shall:
(1) supervise a
				staff of division personnel as may be assigned by the superintendent. This
				staff shall assist the records access officer in responding to requests for
				records and shall whenever necessary, assist anyone requesting access to a
				record;
(2) except as provided for
				in section
				483.7 
				of this Part, make a determination to grant or deny a request to inspect and
				copy a record, or to permit the requesting party to copy from a photocopy of
				the original record with portions deleted therefrom;
(3) if a request to inspect and copy a record
				is granted, advise the requesting party as to when and where such inspection
				and copying shall take place;
(4)
				if a request to examine or copy a record is denied, in whole or in part, advise
				the requesting party of the reasons for the denial in writing;
(5) If a request to inspect and copy a record
				is granted, advise the requesting party as to the cost thereof, according to
				the fee schedule set forth in section
				483.8  of this Part, and when
				such copy will be forwarded to the requesting party;
(6) if a request for a copy is denied in
				whole or in part, advise the requesting party of the reasons for the denial in
				writing;
(7) if the requesting
				party seeks to made a copy of a record, permit the requesting party to make
				such copy only in accordance with the procedure set forth in section
				483.5 
				of this Part; and
(8) upon request,
				certify that a transcript is a true copy of a record copied or that the
				division is not the legal custodian of such record, or that the requested
				record cannot be found.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.4 - Designation of fiscal officer; duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Director of State Police Fiscal
				Management, having an office at division headquarters, shall be the division's
				fiscal officer.
(b) The fiscal
				officer shall maintain a record setting forth the name, public office address,
				title and salary of every officer or employee of the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.5 - Location of records for inspection; hours

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All original records are kept by the
				superintendent at division headquarters. Unless otherwise directed by the
				records access officer:
(1) inspection of an
				original record or a copy, in whole or in part, shall be made at division
				headquarters; and
(2) all blotter
				entries shall be inspected at the division installation where the blotter is
				located.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.6 - Requests for inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests to inspect or copy records
				shall be made in writing and directed to the records access officer at division
				headquarters; no oral requests to inspect or copy a record shall be
				permitted.
(b) Requests to inspect
				and copy blotter entries may be made orally, in person, or by a written request
				directed to the member in charge of the division installation where such
				blotter is kept.
(1) Unless otherwise
				prohibited by law, only such blotter entries as are identified by the
				requesting party shall be available for inspection or copying.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records may be appealed by the aggrieved requesting party
				to the Assistant Deputy Superintendent--Administration, who is designated by
				the superintendent to hear and determine appeals on denial of access to
				records. An appeal shall be made no later than 30 days from the date the
				requesting party is advised of the denial by the records access officer; this
				30-day time limitation shall be computed from the postmarked date of the
				written notification of denial sent to the requesting party.
(b) Appeals on denial of access to records
				shall be made in writing by the aggrieved requesting party. These appeals shall
				be addressed to division headquarters and directed to the attention of the
				Assistant Deputy Superintendent--Administration, Public Access to Records
				Appeal and shall contain the following information:
(1) the date and location of the request for
				records;
(2) the identification of
				records to which the requesting party was denied access; and
(3) the name and return address of the
				requesting party.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Except where fees or exemptions from fees have been
				  established by law, rule, or regulation, the following fees shall apply:
(a) The fee for copies of records shall be 25
				cents per page for photographic copies not exceeding 81/2 by 14 inches in size,
				except for records that make up all or any part of an accident or investigative
				report, when the fee shall be $15 per report.
(b) The fee for copies of records not
				otherwise provided for herein shall be the actual copying costs, which is the
				average unit cost for copying such record, excluding fixed costs.
(c) 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 K - New York State Police › Part 483 - Public Access To Records Of New York State Police › Section 483.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision or application of this Part to any person or
				  circumstances is adjudged invalid by a court of competent jurisdiction, such
				  judgment shall not affect or impair the validity of any other provisions of
				  this Part or its application to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 484 - Investigations Of Complaints Against Personnel › Section 484.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The security of the State depends to a great extent upon the
				  manner in which the New York State Police performs its duties. Conduct by
				  members or employees that impairs their integrity or the propriety of their
				  performance may jeopardize the safety of the public and raise questions
				  regarding the integrity of other division members and employees. The
				  superintendent is responsible for the prompt and thorough investigation of
				  every complaint and accusation made against a member or employee in order to
				  maintain discipline and control of the New York State Police, and to protect
				  the accused, the division, and the people of the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 484 - Investigations Of Complaints Against Personnel › Section 484.2 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				superintendent, and if designated by the superintendent, the first deputy
				superintendent, chief inspector, or counsel, shall have the power to issue
				subpoenas and subpoenas duces tecum requiring persons to appear before a
				designated division commissioned officer and be examined with reference to a
				matter within the scope of the administrative personnel investigation being
				conducted, and to produce books, payrolls, personnel records, correspondence,
				documents, papers, or any other evidence relating to such
				investigation.
(b) The fees payable
				to individuals required to be examined shall be the same as in the case of a
				subpoena issued by a court of record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the Division of State Police, hereinafter
				called the division, to comply with the provisions of article 6- A of the
				Public Officers Law, the Personal Privacy Protection Law.
(b) The division shall maintain in its
				records only such personal information that is relevant and necessary to
				accomplish a purpose of the division that is required to be accomplished by
				statute or executive order, or to implement a program specifically authorized
				by law.
(c) Personal information
				subject to article 6-A of the Public Officers Law will be collected, whenever
				practicable, directly from the person (data subject) to whom the information
				pertains.
(d) The division seeks to
				ensure that all records pertaining to or used with respect to individuals are
				accurate, relevant, timely and complete.
(e) This Part provides information regarding
				the procedures by which members of the public may assert rights granted by the
				Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.2 - Privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The privacy compliance officer shall be
				the Technical Lieutenant--Central Records Section.
(b) Communications shall be addressed to:
				Privacy Compliance Officer, Technical Lieutenant--Central Records Section,
				Building 22, 1220 Washington Avenue, Albany, NY 12226-2252, (518)
				457-0557.
(c) The privacy
				compliance officer is responsible for:
(1)
				assisting a data subject in identifying and requesting personal information, if
				necessary;
(2) describing the
				contents of systems of records orally or in writing in order to enable a data
				subject to learn if a system of records includes a record or personal
				information identifiable to a data subject requesting such record or personal
				information;
(3) taking one of the
				following actions upon locating the record sought:
(i) make the record available to inspection,
				in a printed form without codes or symbols, unless an accompanying document
				explaining such codes or symbols is also provided;
(ii) permit the data subject to copy the
				record; or
(iii) deny access to the
				record in whole or in part and explain in writing the reasons
				therefor;
(4) making a
				copy available, upon request, upon payment of or offer to pay established fees,
				if any, or permitting the data subject to copy the records;
(5) certifying, upon request, that a copy of
				a record is a true copy; or
(6)
				certifying, upon request, that:
(i) the
				division does not have possession of the record sought;
(ii) the division 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 division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				records are made available in person following a request made by mail, the
				division may require appropriate identification, such as a driver's license, an
				identifier assigned to the data subject by the division, 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 division 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 K - New York State Police › Part 485 - Access To Personal Information › Section 485.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available at division headquarters
				  which is located at: Building 22, 1220 Washington Avenue, Albany, NY
				  12226-2252.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.5 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall accept requests for records and produce
				  records during regular business hours, which are 9 a.m. to 5 p.m., except on
				  Saturdays, Sundays and holidays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests shall be made in writing.
(b) A request shall reasonably describe the
				record sought. Whenever possible, the data subject should supply identifying
				information that assists the division 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 division shall provide access to the record, deny access in
				writing explaining the reasons therefor, or acknowledge the receipt of the
				request in writing, stating the approximate date when the request will be
				granted or denied, which date shall not exceed 30 business days from the date
				of the acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.7 - 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 division shall:
(a) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed pursuant to paragraph
				(d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
				refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.8 - Denial of a request for a record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of a request for records or
				amendment or correction of a record or personal information:
(1) shall be in writing, explaining the
				reasons therefor; and
(2)
				identifying the person to whom an appeal may be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.9 - Appeal

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
				485.8 
				of this Part may, within 30 days of such denial, appeal to the Assistant Deputy
				Superintendent--Administration of the Division of State Police.
(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 K - New York State Police › Part 485 - Access To Personal Information › Section 485.10 - 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 division a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determination; or
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
				of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.11 - 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 K - New York State Police › Part 485 - Access To Personal Information › Section 485.12 - Contractual agreements

Current through Register Vol. 46, No. 28, July 10, 2024
Current collective bargaining agreements may contain
				  provisions dealing with the content of this Part. Therefore, this Part should
				  be read in conjunction with those current collective bargaining agreements.
				  These current agreements would supersede the content of this Part only in a
				  specific instance of such a conflict.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 485 - Access To Personal Information › Section 485.13 - 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 K - New York State Police › Part 486 - New York Statewide Police Information Network (nyspin) Rules › Section 486.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Division of State Police is responsible for the establishment and operation of
				the New York Statewide Police Information Network (NYSPIN) pursuant to the
				provisions of sections 217, 218, 219 and 220 of the New York State Executive
				Law.
(b) Maintaining the security
				and integrity of the NYSPIN system is essential to its lawful and efficient
				operation.
(c) The Division of
				State Police is unfailingly dedicated to safeguarding and protecting members of
				the public from unwarranted invasion of privacy by the misuse of material
				obtained through the NYSPIN system.
(d) Pursuant to its statutory authority and
				adhering to the ideal of protecting those affected against the unwarranted
				invasion of personal privacy, the Division of State Police promulgates this
				Part with the intent and purpose of establishing and formalizing the duty of
				those who are authorized to access and disseminate NYSPIN information by
				requiring them to act in a manner commensurate with their public employment and
				in accordance with the laws of this State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 486 - New York Statewide Police Information Network (nyspin) Rules › Section 486.3 - New york statewide police information network (nyspin) standards governing system access and information dissemination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The NYSPIN Code of Ethics.
(1) Conflicts of interest. No member or
				employee authorized to access information available via NYSPIN should have any
				interest, financial or otherwise, direct or indirect, or engage in any business
				or transaction or professional activity or incur any obligation of any nature,
				which is in substantial conflict with the proper discharge of his duties
				associated with accessing NYSPIN.
(2) Members and employees of an agency
				authorized to access NYSPIN information should not:
(i) accept any employment or engage in any
				business or professional activity which will require them to disclose
				confidential information they have gained through NYSPIN;
(ii) disclose confidential criminal justice
				information acquired by them in the course of their official duties, nor use
				such information to further their personal interests;
(iii) use or attempt to use the ability to
				access NYSPIN to secure unwarranted privileges or exemptions for themselves or
				others; or
(iv) by their conduct,
				give reasonable basis for the impression that any person can improperly
				influence them or unduly enjoy their favor in the performance of their official
				duties associated with NYSPIN, or that they are affected by the kinship, rank,
				position or influence of any party or person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 486 - New York Statewide Police Information Network (nyspin) Rules › Section 486.4 - Nyspin security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				terminal must be attended or secured 24 hours of each day.
(b) The terminal must be housed in a duly
				authorized structure such as one owned, operated or leased by a Federal, State,
				county, city, town or other recognized governmental organization.
(c) Thorough background screening of
				personnel by the employing agency is required. National and State record checks
				through submission of applicant fingerprint cards must be conducted for
				terminal operators, programmers, and other persons employed or utilized to
				effectuate access to, or initiate transmission of all information on NYSPIN.
				This shall be completed as authorized by section 837(c) of the New York State
				Executive Law, section 50 (4)  of the Civil Service Law, and other applicable New
				York State laws. This rule does not apply to terminal operators accessing SEMO
				and NWS related information only. Good management practices dictate that record
				checks should be completed prior to employment. Appropriate background
				investigations must be conducted on all NYSPIN terminal operators, including
				submission of a complete applicant fingerprint card to the Division of Criminal
				Justice Services (DCJS) and to the FBI Identification Division through DCJS.
				Before an operator is given access through basic certification, the following
				conditions must be met:
(1) The employing
				agency staff must check the State fugitive file and national arrest and
				fugitive files. If a record of any kind is found, access will not be granted
				pending review of the arrest and fugitive records.
(2) When identification of the applicant has
				been established by fingerprint comparison and he/she appears to be a fugitive
				or have an arrest history for a felony or serious misdemeanor, an agency head
				or designee will review the matter. If the applicant is found to be a fugitive
				from justice, or to have been convicted of a felony or serious misdemeanor and
				the agency head still considers the candidate worthy of consideration for
				employment, the matter will be referred, with the agency head's written
				recommendation, to the Superintendent of State Police for a final
				determination.
(3) If a
				determination is made that NYSPIN access (other than SEMO and NWS) by the
				applicant would not be in the public interest, such access will be denied and
				the applicant's appointing authority will be notified in writing of the access
				denial.
(4) Each criminal justice
				agency authorized to access NYSPIN must have appropriate written standards for
				discipline of NYSPIN policy violations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 487 - Consumer Product Protection Rules › Section 487.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the consumer product protection rules is to
				  ensure that thorough and uniform procedures are used by all agencies in the
				  investigation of consumer product tampering complaints.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 487 - Consumer Product Protection Rules › Section 487.3 - Uniform investigative procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Written guidelines on conducting
				investigations into consumer product tampering incidents have been made
				available to appropriate agencies by the Crime Analysis Unit of the Division of
				State Police. Additional copies of such guidelines shall be made available to
				appropriate agencies upon written request to the Crime Analysis Unit, Division
				of State Police, Building 22, State Campus, Albany, NY 12226. However, as
				consumer product tampering incidents occur, specific recommendations and
				investigative assistance or support regarding such incidents may be obtained
				directly from local troop headquarters or the Crime Analysis Unit at division
				headquarters upon request.
(b) The
				general purpose of these written guidelines is to ensure that thorough and
				uniform procedures are used by all agencies in the investigation of consumer
				product tampering complaints. Specifically, the objectives of the investigation
				are to determine:
(1) if a consumer product
				tampering has occurred;
(2) the
				seriousness of the problem;
(3) the
				quantity of the affected product;
(4) the nature and source of the consumer
				product tampering;
(5) appropriate
				methods to remove potentially hazardous consumer products from the marketplace;
				and
(6) the identity of the person
				or persons responsible, and taking appropriate action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 487 - Consumer Product Protection Rules › Section 487.4 - Consumer product tampering data base (cptdb)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notification of all consumer product
				tampering cases made to appropriate agencies in New York State shall be
				reported to the CPTDB within five hours of their receipt of such
				information.
(b) Official
				notification as described in subdivision (a) of this section shall be made via
				the consumer product tampering telephone line, or by NYSPIN.