reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVI - Capital District Transportation Authority › Part 1500 - Access To Records › Section 1500.9 - Conflicting rules deemed amended to conform

Current through Register Vol. 46, No. 28, July 10, 2024
Any part of these rules which are in conflict with rules when
				  adopted by the committee on public access to records shall be deemed to be
				  amended to conform to such rules and to the statute.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
				  procedures governing the availability, location and nature of those records of
				  the State University Construction Fund (hereinafter called the "fund") 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 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term record or records means any
				information kept, held, filed, produced or reproduced by, with or for, the
				fund, in any physical form whatsoever, including but not limited to reports,
				statements, examinations, memoranda, opinions, folders, files, books, manuals,
				pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms,
				computer tapes or discs, rules, regulations or codes.
(b) The term statistical tabulation means a
				collection or orderly presentation of numerical data logically arranged in
				columns and rows or graphically, and the term factual tabulation means a
				collection of statements of objective information logically arranged and
				reflecting objective reality, actual existence, or an actual occurrence.
				Opinions, policy options and recommendations do not constitute statistical or
				factual tabulations.
(c) The term
				fund's office means the fund's rincipal mailing address in the City of Albany,
				State of New York.
(d) The term
				payroll record means an itemized record setting forth the name, business
				address, title and salary of every officer and employee of the fund.
(e) The term workday means any day except
				Saturday, Sunday, a public holiday or a day on which the fund's office is
				otherwise closed for general business.
(f) The term fiscal officer means the officer
				or employee of the fund, designated by the fund's general manager, responsible
				for certifying the fund's payroll.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general
				manager of the fund designates the fund's director of administrative services,
				whose business address is at the State University Plaza, P.O. Box 1946, Albany,
				NY 12201, as records access officer. Such records access officer shall have the
				duty of coordinating the fund's response to public requests for access to
				records; provided, however, that the public shall not be denied access to
				records through officers and employees of the fund who have in the past been
				authorized to make records or information available to the public.
(b) Any person wishing to inspect and/or
				obtain a copy of any record of the fund, other than a payroll record, may make
				application to said records access officer. Such application shall be made
				either orally or in writing; provided, however, that the records access officer
				may require any such person to confirm his request in writing, except that no
				such written request shall be required for records that have been customarily
				available from the fund without a written request therefor.
(c) The written application form shall be
				prescribed by the records access officer. Blank forms may be obtained from the
				records access officer either personally on any workday at the fund's office,
				or by mail addressed to him. Completed forms may be submitted to the records
				access officer either personally at the fund's office on any workday, or by
				mail addressed to him at such office.
(d)
(1)
				Upon receipt of an application to inspect records of the fund, on the proper
				form and at the appropriate time, the records access officer shall promptly
				search for the record requested. If the records access officer determines that
				the record requested is not in his custody, he shall certify to the applicant,
				as the case may be:
(i) that the fund is not
				the legal custodian for such records; or
(ii) that the records of which the fund is a
				legal custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.4 - Payroll records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On behalf of
				the fund, the fiscal officer shall maintain and make available for inspection
				and copying at the fund's office a current list setting forth the name, public
				office address, title and salary of every officer or employee of the
				fund.
(b) All requests to inspect
				and/or copy the payroll record of the fund shall be made to the fiscal officer.
				Such request shall be made either orally or in writing; provided, however, that
				the fiscal officer may require the applicant to confirm his request in writing
				on a form prescribed by the Comptroller of the State of New York.
(c) Upon receipt of an application to inspect
				the payroll record of the fund, on the proper form and at the appropriate time,
				the fiscal officer shall promptly search for and produce for inspection the
				same and he shall either permit the applicant making the request to copy the
				payroll record or, upon payment of the established fee, make a copy of the
				record for him.
(d) The fiscal
				officer shall respond promptly to a request for the payroll record and his
				response shall be made no more than five workdays after receipt of the request
				for inspection.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.5 - List of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On behalf of
				the fund, the records access officer shall maintain and make available for
				inspection and copying at the fund's office a current list, reasonably detailed
				by subject matter, of the types of records produced, filed or first kept or
				promulgated by the fund on and after September 1, 1974. Such list shall be
				sufficiently detailed to permit the applicant to identify the file category of
				the records sought.
(b) Said
				subject matter list shall be updated periodically, but in no event less than
				semiannually, and the date of the most recent updating shall appear on the
				first page thereof.
(c) The records
				access officer shall maintain and make available for inspection and copying at
				the fund's office a current record of the minutes of meetings of the trustees
				of the fund and of public hearings held by the fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.6 - Time and location of inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records of the fund shall be
				  accepted and such records shall be made available for public inspection at the
				  fund's office on any workday during the hours of 9 a.m. to 5 p.m. No records
				  may be removed by the applicant from the fund's office without the permission
				  of the records access officer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.7 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests for public access to records
				of the fund shall be made in accordance with the provisions of this Part;
				provided, however, that the general manager or his duly designated
				representative may waive compliance with any formality prescribed by this
				Part.
(b) Requests for public
				access to records of the fund shall be sufficiently detailed so that the
				records can be identified. Where possible, the applicant shall supply
				information regarding dates, titles, file designations or other information
				that may help identify the records.
(c) A request for any or all records falling
				within a specific category shall conform to the standard that records be
				identifiable.
(d) The records
				access officer shall assist the applicant in identifying requested records, if
				necessary.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.8 - Prevention of invasions of privacy

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of subdivision 2 of section
				  89 of the
				  Public Officers Law and in conformity with such guidelines as may be
				  promulgated by the Committee on Public Access to Records regarding the
				  prevention of unwarranted invasions of personal privacy, the records access
				  officer may delete from any requested record identifying details the disclosure
				  of which would result in an unwarranted invasion of personal privacy prior to
				  making such record available for inspection and/or copying. In the event that
				  one or more deletion is so made from any document, the records access officer
				  shall provide written notice of that fact to the person given access to the
				  record. If the record is such that the personal matters cannot be fully deleted
				  without substantively affecting the record or the identifying details cannot be
				  effectively deleted, the records access officer shall deny access to such
				  record as provided in section
				  1550.9 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.9 - Grant or denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The records access officer shall grant requests for public access to records
				pertaining either to information required to be disclosed under the provisions
				of article 6 of the Public Officers Law or to information that was furnished to
				the public prior to the enactment of said law, unless such information is
				exempt from disclosure under the provisions of article 6 of the Public Officers
				Law or as an unwarranted invasion of personal privacy or otherwise exempt from
				disclosure.
(b) The records access
				officer shall deny a request for public access to records or portions thereof
				which he determines:
(1) are specifically
				exempted from disclosure by State or Federal statute;
(2) if disclosed, would constitute an
				unwarranted invasion of personal privacy under the provisions of subdivision 2
				of section
				89 of the
				Public Officers Law;
(3) if
				disclosed, would impair present or imminent contract awards or collective
				bargaining negotiations;
(4) are
				trade secrets or are maintained for the regulation of commercial enterprise
				which if disclosed would cause substantial injury to the competitive position
				of the subject enterprise;
(5) are
				compiled for law enforcement purposes and which, if disclosed, would:
(i) interfere with law enforcement
				investigations or judicial proceedings;
(ii) deprive a person of a right to a fair
				trial or impartial adjudication;
(iii) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(iv) reveal criminal
				investigative techniques or procedures, except routine techniques and
				procedures;
(6) if
				disclosed would endanger the life or safety of any person;
(7) are inter-agency or intra-agency
				materials which are not:
(i) statistical or
				factual tabulations or data;
(ii)
				instructions to staff that affect the public; or
(iii) final agency policy or
				determination.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.10 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any person whose application to inspect and/or copy records
				  has been denied pursuant to section
				  1550.9 of this Part may, within 30
				  days from the denial, appeal such denial to the general manager of the fund.
				  Such appeal must be in writing and must set forth the name and address of the
				  applicant, the specific record(s) requested, the date of the denial and the
				  reasons given for such denial. The general manager shall, upon receipt of a
				  written appeal, immediately review the matter and affirm, modify or reverse the
				  denial. If the general manager affirms or modifies the denial, he shall, within
				  seven business days of receipt of the appeal, state, in writing, his reasons,
				  for such affirmation or modification, to the person making the appeal and
				  inform such person of his right to appeal such affirmation or modification
				  under article 78 of the Civil Practice Law and Rules. The general manager
				  shall, immediately upon such affirmation or modification, forward to the
				  committee on public access to records a copy of such appeal and his
				  determination thereon.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No fee shall be
				charged for inspection of records, search for records or certification of the
				records.
(b) A fee, not exceeding
				25 cents per page, for photocopies, not exceeding 9 by 14 inches, of records
				shall be imposed by the fund.
(c) A
				fee for photocopies, exceeding 9 by 14 inches, of records shall be imposed by
				the fund; the exact amount of such fee shall be determined by the records
				access officer based on his analysis of the cost to the fund of photocopying
				such records, except when a different fee may be otherwise prescribed by
				law.
(d) Notwithstanding the
				provisions of subdivisions (b) and (c) of this section, the general manager or
				his duly designated representative may, in his discretion, provide copies of
				records without charging a fee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.12 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
In each office of the fund, a notice shall be posted
				  stating:
(a) The time and location
				where records shall be made available for inspection and copying;
(b) The name, title, business address and
				business telephone number of the records access officer and fiscal officer of
				the fund; and
(c) The right to
				appeal by any applicant denied access to a record for whatever reason and the
				name and business address of the fund's general manager, the person to whom an
				appeal is to be directed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1550 - Freedom Of Information › Section 1550.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any part of this Part or the application thereof to any
				  person or circumstance is adjudged invalid by a court or 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 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The State Environmental Quality Review (SEQR) act of 1975, as
				  amended, article 8 of the Environmental Conservation Law, provides that all
				  agencies of the State shall prepare, or cause to be prepared by contract or
				  otherwise, an environmental impact statement (EIS) on any action they propose
				  or approve which may have a significant effect on the environment. This Part is
				  adopted pursuant to subdivision (3) of section
				  8-0113 of the Environmental Conservation
				  Law, which requires agencies to adopt and publish such additional procedures as
				  may be necessary for the implementation by them of SEQR, consistent wtih the
				  statewide rules and regulations (6 NYCRR Part 617) adopted by the Commissioner
				  of Environmental Conservation pursuant to subdivision (1) of section
				  8-0113 of the Environmental Conservation
				  Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Action means
				any activity of the State University Construction Fund, except an exempt action
				as defined in this section, including without limitation:
(1) physical activities such as construction
				or other activities which change the use or appearance of any natural resource
				or structure;
(2) funding
				activities such as the proposing, approval or disapproval of contracts, grants,
				subsidies, loans, tax abatements or exemptions or other forms of direct or
				indirect financial assistance;
(3)
				licensing activities such as the proposing, approval or disapproval of a lease,
				permit, license, certificate or other entitlement for use or permission to
				act;
(4) planning activities such
				as site selection for other activities and the proposing, approval or
				disapproval of master or long-range plans, zoning or other land use maps,
				ordinances or regulations, development plans or other plans designed to provide
				a program for future activities; and
(5) policymaking activities such as the
				making, modification or establishment of rules, regulations, procedures,
				policies and guidelines.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply and take effect as
				  prescribed in article 8 of the Environmental Conservation
				  Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.4 - General procedure

Current through Register Vol. 46, No. 28, July 10, 2024
No final SUCF decision to carry out or approve an action
				  shall be taken until there has been full compliance with the provisions of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.5 - Responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon initiation
				of a type I project, the SUCF general manager shall direct that an
				environmental impact assessment form be prepared. The completed environmental
				impact assessment form shall be reviewed by an environmental quality review
				committee (hereinafter referred to as "the committee"), whose membership shall
				include: one appointee of the SUNY vice chancellor for capital facilities and
				two appointees of the SUCF general manager.
(b) The environmental impact assessment form
				shall contain sufficient information for the committee to conduct an
				environmental analysis to determine whether the project may or will not have a
				significant effect on the environment, and will include identification of those
				other agencies, including Federal agencies, which have a relationship to the
				project.
(c) Programmatic or
				generic environmental impact statements, master or campuswide statements or
				statements for comprehensive campus plans may be appropriate for use by the
				committee to assess the environmental effects of (1) a number of separate
				projects in a given campus area which, if considered singly may have minor
				effects, but if considered together may have significant effects, (2) a chain
				of contemplated projects, (3) separate projects having generic or common
				impacts, or (4) programs or plans having wide application or restricting the
				range of future alternative policies or projects. Such statements will
				eliminate multiple sequential reviews of the same or similar actions. No
				further EIS's need be prepared for projects which are included in such a
				statement.
(d) However, amendments
				or supplements to such statements must be prepared to reflect impacts which are
				not addressed or adequately analyzed in such a statement as initially prepared.
				The public and other agencies shall be informed of such additions through the
				same notification channels specified in section
				1551.6 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.6 - Procedures prior to the preparation of draft EIS's

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Environmental review of proposed actions.
				The committee, upon issuing a negative declaration or notice of determination,
				shall immediately file such declaration or determination as follows:
(1) with the appropriate regional office of
				the Department of Environmental Conservation;
(2) with the Commissioner of Environmental
				Conservation; and
(3) in the files
				of SUCF and a copy to the subject SUNY campus.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.7 - Notices of completion of draft EIS's, public hearings and notices thereof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notices of
				completion of draft EIS's. Upon the completion of a draft EIS, the committee
				shall immediately prepare, file and make available for public inspection a
				notice of completion as provided in paragraphs (1), (2) and (3) of this
				subdivision. All draft and final environmental impact statements prepared by or
				at the request of the environmental quality review committee shall contain the
				information specified in 6 NYCRR 617.10.
(1)
				Contents of notices of completion. All notices of completion shall contain the
				following:
(i) a project identifying number,
				the name and address of the lead agency and the name and telephone number of
				the officer who can provide further information;
(ii) a brief description of the
				project;
(iii) the location of the
				project and its potential impacts and effects (county and city, town, village);
				and
(iv) a statement requesting
				comments on the draft EIS to be received and considered by the committee. The
				notice shall specify the public review and comment period on the draft EIS,
				which shall be for not less than 30 calendar days from the date of filing and
				circulation of the notice, or not less than 10 calendar days following any
				public hearing on the draft EIS.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.8 - Final EIS procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as provided in paragraphs (1) and (2) of this subdivision, the committee shall
				prepare or cause to be prepared a final EIS within 45 calendar days after the
				close of any hearing or within 60 calendar days after the filing of the draft
				EIS, whichever last occurs.
(1) If the
				proposed project has been withdrawn or if, on the basis of the draft EIS or a
				hearing, the committee has determined that the projects will not have a
				significant effect on the environment, no final EIS shall be
				prepared.
(2) The committee may
				extend the last date for preparation of the final EIS (i) where it determines
				that additional time is necessary to complete the statement adequately, or (ii)
				to meet the requirements of other statutes or regulations, or (iii) where
				problems with the proposed project requiring material reconsideration or
				modification have been identified, or (iv) for other good cause.
(3) The final EIS shall reflect a revision
				and updating of the matters contained in the draft EIS in the light of further
				department review, comments received and the record of any hearing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.9 - Projects involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a project under consideration by the
				committee may involve a "major Federal action significantly affecting the
				quality of the human environment under the National Environmental Policy Act of
				1969", then the procedures specified in this section shall be
				followed.
(b) In the case of a
				project for which there has duly been prepared, under the National
				Environmental Policy Act of 1969, both a draft environmental impact statement
				and a final environmental impact statement, the committee is not required to
				prepare an SEQR EIS or to make a finding pursuant to section
				1551.12 of this Part.
(c) In the case of a project for which has
				been prepared a negative declaration or other written threshold determination
				that the project will not require a Federal impact statement under the National
				Environmental Policy Act of 1969, the committee shall determine whether or not
				the action may have a significant effect on the environment pursuant to article
				8 of the Environmental Conservation Law, 6 NYCRR Part 617 and this Part, and
				the project shall be fully subject to such law, rules and
				regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.10 - Projects undertaken or approved prior to the effective date(s) of article 8 of the Environmental Conservation Law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
				this section, no environmental impact statement shall be required for projects
				undertaken or approved prior to the effective date(s) of article 8 of the
				Environmental Conservation Law.
(b)
				If, after the effective date(s) of article 8 of the Environmental Conservation
				Law, the committee proposes to modify an action undertaken or approved prior to
				such date(s), which modification may have a significant adverse effect on the
				environment, such modification shall be an action fully subject to this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1551 - Implementation Of State Environmental Quality Review Act › Section 1551.11 - Decision making

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No decision
				to carry out or approve an action which may have a significant effect on the
				environment shall be made by the SUCF until after the filing and consideration
				of a final EIS. When SUCF is the lead agency, its decision whether or not to
				approve an action which has been the subject of an EIS shall be made within 30
				calendar days of the filing of a final EIS.
(b) When SUCF decides to carry out or approve
				an action which may have a significant effect on the environment, it shall make
				the following findings in a written decision:
(1) consistent with social, economic and
				other essential considerations of State policy, from among the reasonable
				alternatives thereto, the action to be carried out or approved is one which
				minimizes or avoids adverse environmental effects to the maximum extent
				possible, including the effects disclosed in the relevant environmental impact
				statement;
(2) consistent with
				social, economic and other considerations of State policy, all practicable
				means will be taken in carrying out or approving the action to minimize or
				avoid adverse environmental effects by incorporating as conditions to the
				decision those mitigative measures which were identified as
				practicable;
(3) the action to be
				carried out or approved meets the requirements of this Part; and
(4) setting forth the facts and conclusions
				relied upon in the EIS supporting its decision, and indicating the social,
				economic and other factors and standards which formed the basis of its
				decision.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the State University Construction Fund to
				comply fully with the provisions of article 6-A of the Public Officers Law, the
				Personal Privacy Protection Law.
(b) The fund shall maintain in its records
				only such personal information that is relevant and necessary to accomplish a
				purpose of the fund 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 fund will seek 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 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative director is hereby
				designated as the privacy compliance officer and is responsible for ensuring
				that the fund complies with the provisions of the Personal Privacy Protection
				Law and the regulations herein and for coordinating the fund's response to
				requests for records or amendment of records. In the event that there is a
				vacancy in the position of privacy compliance officer and/or the latter is
				absent from work for an extended period of time, the general manager of the
				fund shall designate another employee of the fund to act as the privacy
				compliance officer during the period of such vacancy or absence.
(b) The address and telephone number of the
				privacy compliance officer is: Administrative Director, State University
				Construction Fund, State University Plaza, P.O. Box 1946, Albany, NY
				12201-1946, (518) 473-1134.
(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) making the
				record available for inspection, in a printed form without codes or symbols,
				unless an accompanying document explaining such codes or symbols is also
				provided;
(ii) permitting the data
				subject to copy the record; or
(iii) denying access to the record in whole
				or in part and explaining in writing the reasons therefor.
(4) upon request for copies of records,
				making a copy available upon payment of 25 cents per page;
(5) upon request, certifying that a copy of a
				record is a true copy; or
(6) upon
				request, certifying that:
(i) the fund does
				not have possession of the record sought;
(ii) the fund 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 fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.3 - 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 fund may require appropriate
				identification, such as a driver license, an identifier assigned to the data
				subject by the fund, 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 fund
				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 the
				Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available at the office of the privacy
				  compliance officer or at the location at which they are maintained. Whenever
				  practicable, records shall be made available at an office near the residence of
				  the data subject.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The fund shall accept requests for records and produce
				  records during all regular business hours.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests
				shall be made in writing, except that the privacy compliance officer may make
				records available upon an oral request made in person after the applicant has
				demonstrated proof of identity.
(b)
				A request shall reasonably describe the record or records sought. Whenever
				possible, the data subject should supply identifying information that will
				assist in locating the records sought.
(c) Within five business days of the receipt
				of a request, the privacy compliance officer 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 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.7 - 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 privacy compliance officer
				  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 Public Officers Law, section 96(1)(d), (i) or (l); or
(b) inform the data subject in writing of his
				or her refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.8 - Denial of request for a record or for 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 for amendment or correction of a record or personal
				information shall be in writing, explaining the reasons therefor, and shall
				identify the person to whom an appeal may be directed.
(b) A failure to grant or deny access to
				records or to respond to a request for amendment or correction of a record
				within the time periods specified in sections
				1552.6 and
				1552.7 of this Part shall be
				construed as a denial which may be appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.9 - 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
				1552.8 of this Part may, within 30
				business days of such denial, appeal to: General Manager, State University
				Construction Fund, State University Plaza, P.O. Box 1946, Albany, NY
				12201-1946, Telephone (518) 473-1134.
(b) The time for deciding an appeal shall
				commence upon receipt of a written appeal identifying:
(1) the date and location of the request for
				a record or for amendment or correction of a record or personal
				information;
(2) the record which
				is the subject of the appeal; and
(3) the name and return address of the
				appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.10 - 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 person
				designated to determine appeals shall inform the data subject of the right to:
(1) file with the fund 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
				Public Officers Law, section 96(1)(d), (i) or (l).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.11 - 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 21 - Miscellaneous › Chapter XXVII - State University Construction Fund › Part 1552 - Access To Personal Information Maintained By State University Construction Fund › Section 1552.12 - 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 circumstances 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 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless expressly otherwise provided, whenever used in this
				  Part, the following terms shall mean or include:
(a) Commission. New York Temporary State
				Commission on Constitutional Tax Limitations.
(b) Records. Those records, documents or
				other data which are in the custody of the commission and which are required to
				be made available for public inspection and/or copying under the terms and
				conditions of the Freedom of Information Law (article 6, Public Officers Law,
				State of New York).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part governing public access to certain records of the
				  commission is promulgated solely for the purpose of implementing the provisions
				  of the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				designated records access officer of the commission is Sharon Grey,
				secretary.
(b) Requests to inspect
				or to obtain a copy of records in the custody of any officer or employee of the
				commission shall be submitted in writing either in person or by mail to the
				public access records officer on a form to be prescribed and furnished by such
				officer. Records shall be available for inspection at the office on all regular
				business days from 9:30 a.m. to 11:30 a.m. and from 1:30 p.m. to 4
				p.m.
(c) The designated records
				access officers may be contacted in Agency Building #4, 20th Floor, Empire
				State Plaza, Albany, New York 12223 or by telephone (518) 474-8489.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.4 - Written requests

Current through Register Vol. 46, No. 28, July 10, 2024
Written requests to examine public employment records of the
				  commission will be made on form AC-375 by members of the news media. Such
				  applications will be submitted to Sharon Grey, Secretary to the Commission,
				  Agency Building #4, Empire State Plaza, Albany, New York
				  12223.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.5 - Prevention of unwarranted invasions of personal privacy

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything to the contrary contained in this
				  Part, the commission may, prior to making records available for inspection or
				  copying, delete such identifying details as the commission may deem appropriate
				  to prevent an unwarranted invasion of personal privacy. Without limiting the
				  generality of the preceding sentence, an unwarranted invasion of personal
				  privacy will be deemed otherwise to occur by the disclosure of:
(a) Such personal matters as may have been
				reported in confidence to the commission and which are not relevant or
				essential to the ordinary work of the commission.
(b) Employment, medical or credit histories
				or personal references of applicants for employment, except such records may be
				disclosed when the applicant has provided a written release permitting such
				disclosure.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.6 - Inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inspection
				and copying of records shall be conducted within the office of the commission
				under the supervision of the public access officer or his designee. The person
				may make handwritten copies of records or copies will be furnished by the
				public access records officer.
(b)
				A charge of 20 cents per page not exceeding nine inches by 15 inches in size
				shall be made for each copy furnished, provided, however, that the public
				access records officer may, in his discretion, waive all or any portion of such
				changes for a particular record or class of records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.7 - Forms

Current through Register Vol. 46, No. 28, July 10, 2024
Application for public access records of the commission shall
				  be made on forms provided by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXVIII - New York Temporary State Commission On Constitutional Tax Limitations › Part 1600 - Public Access To Records › Section 1600.8 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant denied access to a record for whatever reason
				  may appeal such denial decision by directing a written appeal to John J.
				  Sauerwald, Executive Director of the New York Temporary State Commission on
				  Constitutional Tax Limitations, Agency Building #4, Empire State Plaza, Albany,
				  New York 12223.