reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.5 - 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 authority shall
				  be accepted and such records shall be made available for public inspection at
				  the main office of the authority during the normal business day from 8:30 a.m.
				  to noon and 1 p.m. to 5 p.m. No records may be removed by the applicant from
				  the authority's office without the written permission of the records access
				  officer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.6 - 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 authority shall be made in accordance with the provisions of this Part;
				provided, however, that the executive director or his duly designated
				representative may waive compliance with any formality prescribed by this
				Part.
(b) Requests for public
				access to records of the authority 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 LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.7 - 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
				  4700.8 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.8 - 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 techniques
				or procedures except routine techniques and procedures;
(6) if disclosed would endanger the life or
				safety of any person;
(7) are
				interagency or intraagency material 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 LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.9 - 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
				  4700.8 of this Part may, within 30
				  days from the denial, appeal such denial to the executive director of the
				  authority. 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 executive director shall,
				  upon receipt of a written appeal, either review the matter and affirm, modify
				  or reverse the denial or refer it to a three-person Public Records Appeals
				  Committee who shall review the matter and affirm, modify or reverse the denial.
				  If the decision affirms or modifies the denial, the executive director or the
				  committee which made the decision, as the case may be, within seven business
				  days of receipt of the appeal state, in writing, 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 authority shall transmit to the Committee on Public
				  Access to Records copies of all appeals upon receipt thereof and all
				  determinations on all appeals within seven business days of receipt of said
				  appeals to the committee at the address set forth in subdivision (f) of section
				  1401.7 of this Title, as the same
				  may from time to time be amended.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.10 - 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 x 14 inches, of records
				shall be imposed by the authority.
(c) A fee for photocopies, exceeding 9 x 14
				inches, of records shall be imposed by the authority; the exact amount of such
				fee shall be determined by the records access officer, based on his analysis of
				the cost to the authority of photocopying such records, except when a different
				fee may be otherwise prescribed by law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.11 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
In the main and New York City offices of the authority, 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 authority; and
(c) the right to appeal by an applicant
				denied access to a record for whatever reason and the name and business address
				of the authority's executive director, the person to whom an appeal is to be
				directed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4700 - Public Access To Records › Section 4700.12 - 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 of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereto to other persons or
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of this statement of prompt payment policy
				  of the Dormitory Authority to set forth the standards for the payment of bills
				  within specific periods of time and to prescribe interest penalties in
				  situations where payments do not conform to these standards.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.2 - Prompt payment policy

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the policy of the Dormitory Authority to process
				  contract payments efficiently and expeditiously so as to assure payment in a
				  timely manner to firms and organizations which do business with the authority
				  and to avoid, to the greatest extent practicable, the payment of interest in
				  cases where prompt payment does not occur as provided herein.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the following meanings, unless
				  the context shall indicate another or different meaning or intent:
(a) Authority means the Dormitory Authority
				of the State of New York.
(b)
				Designated payment office means the office designated by the authority to which
				a proper invoice is to be submitted by a contractor.
(c) Prompt payment means payment of a debt
				due and owing by the authority before interest accrues thereon pursuant to this
				statement of prompt payment policy.
(d) Proper invoice means a written request
				for a contract payment that is submitted by a contractor setting forth the
				description, price and quantity of goods, property, or services delivered or
				rendered, in such form and supported by such other substantiating documentation
				as the authority may reasonably require.
(e) Receipt of an invoice means (1) the date
				on which a proper invoice is actually received in the designated payment
				office, or (2) the date on which the authority, or other entity on whose behalf
				the authority is acting, received the purchased goods, property, or services
				covered by the proper invoice, whichever is later.
(f) Set-off means the reduction by the
				authority of a payment due to a contractor by an amount equal to the amount of
				an unpaid legally enforceable debt owed by the contractor to the
				authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.4 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This statement of prompt payment policy shall be applicable
				  to all contract payments. A contract payment is a payment to a contractor
				  pursuant to a written contract, or an amendment thereto, signed by an
				  authorized officer of the authority and of the contractor, a fully executed
				  change order or an executed purchase order. A contractor is a person,
				  partnership, private corporation, limited liability company or
				  association:
(a) selling materials,
				equipment, or supplies or leasing property or equipment to the
				authority;
(b) constructing,
				reconstructing, rehabilitating or repairing facilities or other improvements
				for or on behalf of the authority; or
(c) rendering or providing services to the
				authority pursuant to a contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.5 - Prompt payment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Each contractor requesting payment shall submit a proper
				  invoice and adequate documentation to support the providing of work, goods or
				  services to the designated payment office.
(a) In the case of invoices submitted by
				architects, engineers, contractors and other consultants pursuant to contracts
				awarded by the authority for the construction, reconstruction, rehabilitation
				of other improvement or facilities comprising all or part of a project, the
				office of the project manager assigned to the project is the designated payment
				office. Proper invoices submitted to the office of project manager by the fifth
				day of the month will be transmitted to the finance office of the authority
				after approval by the project manager. If received by the finance office by the
				10th day of the month, a proper invoice will be paid by the last date of the
				month. Payment will be made no later than 30 days, except under the
				circumstances specified in subdivision (d) of this section, after receipt of
				such proper invoice at the designated payment office.
(b) For all other contract payments not
				covered by subdivision (a) of this section the finance office of the authority
				in Albany, NY is the designated payment office. Proper invoices submitted by
				the 10th of the month will be paid by the last day of the month, but in any
				event payment will be made no later than 30 days after receipt of such proper
				invoice.
(c) If a proper invoice is
				not paid within the period(s) described in subdivision (a) or (b) of this
				section, such payment will be subject to interest at the overpayment rate set
				by the Commissioner of Taxation and Finance pursuant to subsection (e) of
				section 1096 of the Tax
				Law.
(d) In accordance with
				subparagraph (v) of paragraph (A) of subdivision 3 of section
				2880 of
				the Public Authorities Law, when the following facts and circumstances exists,
				the authority may, to the extent necessary, extend the payment date of a proper
				invoice to 45 days after receipt. The facts and circumstances may include, but
				shall not be limited to:
(1) a contract for
				which a prior overpayment has been made;
(2) a contract which is subject to a
				mechanics lien;
(3) a contract
				which is subject to a notice of prevailing wage withholding;
(4) when the authority has been notified that
				an entity contracting with the authority or the principals thereof are the
				subject of criminal investigation or indictment relating to the business
				activities of the entity;
(5) those
				instances when the authority has reason to believe that the entity contracting
				with the authority has provided a false statement or material misstatement in
				connection with the contract; and
(6) when the authority must rely on tests by
				a third party reported directly to the authority as a prerequisite for
				payment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.6 - Sources of funds available for payment of interest

Current through Register Vol. 46, No. 28, July 10, 2024
The authority holds or has control of moneys which represent
				  the proceeds of the issuance of its obligations or are on deposit in operating
				  funds of the authority derived primarily from its fees and charges, from which
				  it may pay interest on invoices with respect to which prompt payment is not
				  made.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.7 - Extension of prompt payment date

Current through Register Vol. 46, No. 28, July 10, 2024
The date by which a contract payment may be made without the
				  payment of interest may be extended when any of the following facts or
				  conditions exists:
(a) in accordance
				with specific statutory or contractual provisions, payment must be preceded by
				an inspection period, the receipt of a signed receiving report in the case of
				the purchase of goods for an entity other than the authority itself, or by an
				audit to determine the resources applied or used by a contractor in fulfilling
				the terms of the contract;
(b) the
				necessary State government appropriation required to authorize payment has yet
				to be enacted;
(c) a proper invoice
				must be examined by the Federal government or other governmental entity prior
				to payment; and
(d) such date by
				which contract payment must be made is modified in accordance with section
				4701.9 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.8 - Interest eligibility and computation

Current through Register Vol. 46, No. 28, July 10, 2024
In order for the authority not to be liable for the payment
				  of interest, contract payment must be made within the periods described in
				  section 4701.5 of this Part after the
				  receipt of an invoice for the amount of the contract payment due; except when
				  the contract payment is of the type where the facts and conditions are as
				  defined pursuant to section
				  4701.7 of this Part. Any time
				  taken to satisfy or rectify any of the facts or conditions described in section
				  4701.7 of this Part shall extend
				  the date by which contract payment must be made in order for the authority not
				  to become liable for interest payments by an equal period of time. The
				  authority shall not be liable for the payment of interest when such interest is
				  less than $10.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.9 - Notification of defects

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall have 15 calendar days after receipt of an
				  invoice by the designated payment office to notify the contractor of (a)
				  defects in the delivered goods, property, or services, (b) defects in the
				  invoice, or (c) suspected improprieties of any kind; and the existence of such
				  defects or improprieties shall prevent the commencement of the time period
				  specified in section
				  4701.5 of this Part. When the
				  authority fails to notify a contractor of such defects or suspected
				  improprieties within 15 calendar days of receiving the invoice, the number of
				  days allowed for payment of the corrected proper invoice will be reduced by the
				  number of days between the 15th day and the day that notification was
				  transmitted to the contractor. If the authority, in such situations, fails to
				  provide reasonable grounds for its contention that a defect or impropriety
				  exists, the date by which contract payment must be made in order for the
				  authority not to become liable for interest payments shall be calculated from
				  the date of receipt of an invoice.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.10 - Predetermined interval payments

Current through Register Vol. 46, No. 28, July 10, 2024
A proper invoice submitted by the contractor shall be
				  required to initiate any payment, except where the contract provides that the
				  contractor will be paid at predetermined intervals without having to submit an
				  invoice for each such scheduled payment and, for the purposes of determining
				  eligibility for payment of interest and subject to the exception and
				  time-to-rectify provisions of sections 4701.7 and
				  4701.8 of this Part, the date by
				  which contract payment must be made in order for the authority not to become
				  liable for interest payments shall be the payment due date specified in
				  accordance with the contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.11 - Inapplicability of statement

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this statement shall not apply to payments
				  due and owing by the authority:
(a)
				under the Eminent Domain Procedure Law;
(b) as interest allowed on judgments rendered
				by a court pursuant to any provision of law other than section
				2880 of
				the Public Authorities Law;
(c) to
				the Federal government; to any State agency or its instrumentalities; to any
				duly constituted unit of local government including, but not limited to,
				counties, cities, towns, villages, school districts, special districts, or any
				of their related instrumentalities; to any other public authority or public
				benefit corporation; or to its employees when acting in, or incidental to,
				their public employment capacity;
(d) in a situation where the authority
				exercises a setoff against all or part of the payment due the
				contractor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.12 - Statement filing

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall, within 30 days after the adoption of
				  this statement, file a copy of such statement, and amendments thereto, with the
				  State Comptroller, the State Director of the Budget, the Chairman of the Senate
				  Finance Committee, and the Chairman of the Assembly Ways and Means
				  Committee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.13 - Contract incorporation

Current through Register Vol. 46, No. 28, July 10, 2024
The statement in effect at the time of creation of a contract
				  is hereby deemed to be incorporated into and made a part of that
				  contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.14 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				authority shall annually prepare a report on the scope and implementation of
				its prompt payment policy which shall include, but not be limited to:
(1) a listing of the types of categories of
				contracts which the authority entered into during the 12-month period covered
				by the report together with a brief indication of whether each type or category
				of contract was subject to the prompt payment requirements promulgated by the
				authority and, if not, why not;
(2)
				the number and amounts of interest payments made for contracts arranged
				according to each such type of category;
(3) the number of interest chargeable days
				and the total number of days taken to process each late contract payment;
				and
(4) a summary of the principal
				reasons that such late payments occurred.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LV - Dormitory Authority › Part 4701 - Prompt Payment Policy › Section 4701.15 - Public access

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall make available to the public, upon a
				  reasonable request therefor, copies of its statement and annual report. Each
				  contractor doing business with the authority shall be given a copy of the
				  authority's statement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decision-making and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) The
				regulations contained in this Part provide information concerning the
				procedures by which records may be obtained.
(c) Personnel shall furnish to the public the
				information and records required by the Freedom of Information Law, as well as
				records otherwise available by law.
(d) Any conflicts among laws governing public
				access to records shall be construed in favor of the widest possible
				availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chairman of the Temporary State
				Commission on the Real Property Tax is responsible for insuring compliance with
				the regulations contained in this Part, and designates the following person as
				records access officer:
Staff Director
Temporary State Commission on the
Real Property Tax
99 Washington Avenue, Suite 1012
Albany, N.Y. 12210
(b) Records access officers are responsible
				for insuring appropriate agency response to public requests for access to
				records. The designation of records access officers shall not be construed to
				prohibit officials who have in the past been authorized to make records or
				information available to the public from continuing to do so.
(c) Records access officers shall insure that
				personnel:
(1) maintain an up-to-date subject
				matter list;
(2) assist the
				requester in identifying requested records, if necessary;
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; or
(ii)
				deny access to the records in whole or in part, and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				4800.8 of this Part; or
(ii) permit the requester to copy those
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) Temporary State Commission on the
				Real Property Tax is not the custodian for such records; or
(ii) the records of which the Temporary State
				Commission on the Real Property Tax is a custodian cannot be found after
				diligent search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at:
99 Washington Avenue, Room 1012
Albany, N.Y. 12210
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours regularly open for business. These hours are:
				  9 a.m. to 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				oral requests may be accepted when records are readily available.
(b) A response shall be given regarding any
				request, reasonably describing the record or records sought, within five
				business days of receipt of the request.
(c) A request shall reasonably describe the
				record or records sought. Whenever possible, a person requesting records should
				supply information regarding dates, file designations or other information that
				may help to describe the records sought.
(d) If the records access officer does not
				provide or deny access to the record sought within five business days of
				receipt of a request, he or she shall furnish a written acknowledgment of
				receipt of the request and a statement of the approximate date when the request
				will be granted or denied. If access to records is neither granted nor denied
				within 10 business days after the date of acknowledgment of receipt of the
				request, the request may be construed as a denial of access that may be
				appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list, by subject
				matter, of all records in its possession, whether or not records are available
				pursuant to subdivision 2 of section
				87 of the
				Public Officers Law.
(b) The
				subject matter list shall be sufficiently detailed to permit identification of
				the category of the record sought.
(c) The subject matter list shall be updated
				not less than twice per year. The most recent update shall appear on the first
				page of the subject matter list.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing, stating the reason therefor
				and advising the requester of the right to appeal to the individual or body
				established to hear appeals.
(b) If
				requested records are not provided promptly, as required in subdivision (d) of
				section 4800.5 of this Part, such failure
				shall also be deemed a denial of access.
(c) The following person or persons or body
				shall hear appeals for denial of access to records under the Freedom of
				Information Law:
Counsel
Temporary State Commission on the Real
Property Tax
99 Washington Avenue, Suite 1012
Albany, N.Y. 12210
(d) The time for deciding an appeal by the
				individual or body designated to hear appeals shall commence upon receipt of a
				written appeal identifying:
(1) the date of
				the appeal;
(2) the date and
				location of the request for records;
(3) the records to which the requester was
				denied access;
(4) whether the
				denial of access was in writing or due to failure to provide records promptly
				as required by subdivision (d) of section
				4800.5 of this Part; and
(5) the name and return address of the
				requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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 LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address of
				  the records access officer and appeals person or body, and the location where
				  records can be seen or copied, shall be posted in a conspicuous location
				  wherever records are kept and/or published in a local newspaper of general
				  circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVI - Temporary State Commission On The Real Property Tax › Part 4800 - Public Access To Records › Section 4800.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of the regulations contained in 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 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.1 - Authority for information access rules

Current through Register Vol. 46, No. 28, July 10, 2024
This set of rules and regulations governing public access to
				  information is issued by authority of the 1974 Freedom of Information Law,
				  chapter 578 of the Laws of 1974, as amended by chapter 933 of the Laws of 1977,
				  constituting article 6 of the Public Officers Law, which provides, in pertinent
				  part:
Sec. 87
(1)
(a) Within sixty days after the effective
				date of this article, the governing body of each public corporation shall
				promulgate uniform rules and regulations for all agencies in such public
				corporation pursuant to such general rules and regulations as may be
				promulgated by the committee on public access to records in conformity with the
				provisions of this article, pertaining to the administration of this
				article.
(b) Each agency shall
				promulgate rules and regulations, in conformity with this article and
				applicable rules and regulations promulgated pursuant to the provisions of
				paragraph (a) of this subdivision, and pursuant to such general rules and
				regulations as may be promulgated by the committee on public access to records
				in conformity with the provisions of this article, pertaining to the
				availability of records and procedures to be followed, including, but not
				limited to:
i. the times and places such
				records are available;
ii. the
				persons from whom such records may be obtained; and
iii. the fees for copies of records which
				shall not exceed twenty-five cents per photocopy not in excess of nine inches
				by fourteen inches, or the actual cost of reproducing any other record, except
				when a different fee is otherwise prescribed by law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the following meanings:
(a) Authority shall mean the
				Rochester-Genesee Regional Transportation Authority, a public benefit
				corporation created pursuant to title 11-B[14] of the Public Authorities Law of
				the State of New York.
(b)
				Subsidiaries shall mean all of the public benefit subsidiary corporations of
				the authority.
(c) Freedom of
				Information Law shall mean chapter 578 of the Laws of 1974, as amended by
				chapter 933 of the Laws of 1977, constituting article 6 of the Public Officers
				Law.
(d) Rules shall mean the
				regulations set forth in this Part.
(e) Records shall mean any information kept,
				held, filed, produced or reproduced by the authority and its subsidiaries, 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, if any.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.3 - Records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
The chairman of the authority shall be responsible for
				  insuring compliance with the rules set forth in this Part, and shall designate
				  one or more persons as records access officer(s) by name or specific job title
				  and business address, who shall coordinate, for the authority and its
				  subsidiaries, responses to requests for information.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.4 - Records available

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				accord with the rules in this section, the authority and its subsidiaries shall
				make available for public inspection and copying all records except those
				exempted from disclosure by section
				4900.6 of this Part.
(b) In addition, the authority and its
				subsidiaries shall maintain:
(1) a record of
				the final vote of each member of the authority or its subsidiaries in every
				proceeding in which he or she votes;
(2) a record setting forth the name, public
				office address, title and salary of every officer or employee of the authority
				and its subsidiaries; and
(3) a
				reasonably detailed current list, by subject matter, of all records in the
				possession of the authority and its subsidiaries, whether or not available
				under subdivisions 2 and 3 of section 87 of the Freedom of Information Law.
				This list will be updated at least semiannually, and will show the date of the
				most recent update on the first page.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.5 - Unwarranted invasion of personal privacy prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
In cases for which the Committee on Public Access to Records
				  has promulgated guidelines as provided in section 89(2)(a) of the Freedom of
				  Information Law, for the deletion of identifying details for specified records,
				  which are to be made available, such guidelines will be followed by the
				  authority and its subsidiaries. In the absence of such guidelines, when making
				  records available, the authority or its subsidiaries may delete identifying
				  details which might lead to an unwarranted invasion of personal privacy. An
				  unwarranted invasion of personal privacy includes, but shall not be limited
				  to:
(a) disclosure of employment,
				medical or credit histories, or personal references of applicants for
				employment, unless the applicant has provided a written release permitting such
				disclosure;
(b) the sale or release
				of lists of names and addresses in the possession of the authority or its
				subsidiaries, if such lists would be used for commercial or fund-raising
				purposes; and
(c) disclosure of
				items of a personal nature, when disclosure would result in economic or
				personal hardship to the subject party and such records are not relevant to the
				work of the authority or its subsidiaries.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.6 - Information not available

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision in this Part, this
				  section shall not apply to information that is:
(a) specifically exempted by
				statute;
(b) maintained for the
				regulation of commercial enterprise, including trade secrets, which if openly
				disclosed would permit an unfair advantage to competitors of the subject
				enterprise;
(c) if disclosed, an
				unwarranted invasion of personal privacy within the standards of this
				Part;
(d) compiled for law
				enforcement purposes and which, if disclosed, would:
(1) interfere with law enforcement
				investigations or judicial proceedings;
(2) deprive a person of a right to a fair
				trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal criminal
				investigative techniques or procedures, except routine techniques and
				procedures;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.7 - Procedures for obtaining records

Current through Register Vol. 46, No. 28, July 10, 2024
Upon written request for identifiable records, the authority
				  or its subsidiaries shall make such records promptly available, make copies or
				  one or more transcripts therefrom and certify to the correctness thereof, or
				  certify that a record, of which the authority or one of its subsidiaries is
				  legal custodian, cannot be found, pursuant to the rules in this section.
(a) Records may be obtained upon written
				request for specific information or documents between 9 a.m. and 5 p.m. Monday
				through Friday, excluding legal holidays. The written request shall be made on
				a request form which will be provided by the authority, shall be presented at
				the main office of the authority, 55 St. Paul Street, Rochester, N.Y. 14614,
				and shall be directed to the public information officer of the authority.
				Requests must be sufficiently detailed to identify the records. A request for
				any and all records falling within a specific category shall conform to the
				standard that records be identifiable. If adequate staff time is not available
				for immediately producing the records requested, delivery may be delayed, but
				may not be delayed more than five days without written authorization of the
				chairman of the authority. Such authorization shall acknowledge receipt of the
				request, shall provide a brief explanation of reasons for the delay, and shall
				estimate a date of production or denial. If access to records is neither
				granted nor denied within 10 business days after the date of acknowledgment of
				receipt of a request, the request may be construed as a denial of access that
				may be appealed.
(b) No records may
				be removed by the requester from the office where the record is located without
				the express permission of a member of the authority or its staff.
(c) Copies of records will be made upon
				request and payment of a fee in an amount equal to the actual cost incurred by
				the authority in making such copies, but not exceeding 25 cents per 9- by
				14-inch page. The authority may delay delivery of copies until adequate staff
				time is available for processing them, but the delay shall not exceed five days
				unless authorization for further delay is given in writing by the chairman of
				the authority.
(d) If photocopying
				equipment is unavailable, a transcript of requested records shall be made upon
				request. Such transcripts may be typed or handwritten. A fee for clerical time
				involved in making the transcript may be charged.
(e) No fee will be charged for inspection of
				records, searches for records, or certifications as to the correctness of the
				records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.8 - Denial of access and appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Denial of access to any records shall be in writing, stating
				  the reason therefor and advising the requester of his right to appeal pursuant
				  to the rules in this section.
(a) Any
				failure of the authority to provide records promptly, as required in section
				4900.7 of this Part, shall be
				deemed a denial of access.
(b) Any
				person denied access to a record may appeal, in writing, within 30 days of such
				denial.
(c) The chairman of the
				authority shall hear appeals. Notices of denial of access shall contain the
				chairman's name, title, business address and business telephone number,
				together with a statement of the right to appeal.
(d) Within seven business days of receipt of
				an appeal, the chairman of the authority shall inform the requester of his
				decision in writing. Such final denial shall be subject to review under article
				78 of the New York Civil Practice Law and Rules.
(e) Upon failure to locate records, the
				officer designated in section
				4900.3 of this Part shall either
				certify that the authority or one of its subsidiaries is not legal custodian
				for such records, or that the authority or one of its subsidiaries is legal
				custodian and the records cannot be found.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4900 - Public Access To Records › Section 4900.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall post in a conspicuous location wherever
				  records are kept:
(a) the location
				where public records shall be available for inspection and copying;
(b) the name, title, business address and
				business telephone number of the records access officer and fiscal officer
				designated pursuant to section
				4900.3 of this Part; and
(c) the right to appeal by any person denied
				access to a record, and the name and business address of the person or body to
				whom an appeal is to be directed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LVII - Rochester-Genesee Regional Transportation Authority › Part 4901 - Rules of Conduct for Transit Vehicles, Facilities, and Properties › Section 4901.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Rochester-Genesee Regional Transit Authority (RGRTA) transit vehicles,
				facilities and properties are intended to provide public transportation
				services for the benefit of RGRTA and its subsidiaries, its employees and the
				public. RGRTA, as referenced throughout this document, refers to the
				Rochester-Genesee Regional Transportation Authority and its wholly controlled
				subsidiaries (RTS, RTS Access, RTS Genesee, RTS Livingston, RTS Ontario, RTS
				Orleans, RTS Seneca, RTS Wayne, and RTS Wyoming).
(b) The provisions of section
				1299-hh of the Public Authorities Law
				provide RGRTA and its subsidiaries with the power to make rules and regulations
				governing the conduct and safety of the public in the use and operation of the
				transit facilities of the authority and its subsidiaries. The following rules
				of conduct for RGRTA transit vehicles, facilities, and properties (rules of
				conduct) are established by RGRTA:
(1) to
				promote safety; and
(2) to
				facilitate the proper use of the transit facilities of the authority and its
				subsidiaries; and
(3) to protect
				those transit facilities and their customers; and
(4) to assure the payment of fares and other
				lawful charges for the use of their systems.
These rules of conduct may be amended or added to, from time
				  to time, at the sole discretion of RGRTA in accordance with
				  law.