reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of this Part to establish a prompt payment
		    policy for the Community Facilities Project Guarantee Fund (Fund), to set forth
		    the standards for the payment of bills by the Fund 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 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.2 - Prompt payment policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the Fund 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 Fund and to avoid, to the
		    greatest extent practicable, the payment of interest in cases where prompt
		    payment does not occur as provided in this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms have the following meanings, unless the
		    context indicates another or different meaning or intent:
(a) Contract payment means a payment to a
		  contractor pursuant to a written contract or an amendment thereto, signed by an
		  authorized officer of the Fund and of the contractor, a fully executed change
		  order or an executed purchase order.
(b) Contractor means a person, partnership,
		  private corporation or association:
(1)
		  selling materials, equipment, or supplies or leasing property or equipment to
		  the Fund;
(2) constructing,
		  reconstructing, rehabilitating or repairing facilities or making other
		  improvements for or on behalf of the Fund; or
(3) rendering or providing services to the
		  Fund pursuant to a contract.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.4 - Prompt payment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
		  contractor requesting payment from the Fund must submit to the designated
		  payment office of the Fund a proper invoice and adequate documentation to
		  support the payment for goods or services furnished to the Fund. A proper
		  invoice will be paid no later than 30 days after receipt.
(b) If a proper invoice is not paid within
		  the 30-day period described in subdivision (a) of this section, such payment
		  will be subject to interest at a rate equal to the rate set by the State Tax
		  Commission for corporate taxes pursuant to section 1096 (e)(1)  of the Tax
		  Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.5 - Extension of prompt payment date

Current through Register Vol. 46, No. 28, July 10, 2024
The date by which a proper invoice may be paid without the
		    accruing of interest may be extended beyond the payment date specified in
		    subdivision (b) of section
		    1003.4 
		    of this Part when any of the following facts or conditions exists:
(a) in accordance with specific statutory or
		  contractual provisions, payment must be preceded by:
(1) an inspection period;
(2) the receipt of a signed report in the
		  case of the purchase of goods for an entity other than the Fund; or
(3) an audit to determine the resources
		  applied or used by a contractor in fulfilling the terms of the
		  contract;
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.6 - Interest eligibility and computation

Current through Register Vol. 46, No. 28, July 10, 2024
The Fund will be liable for the payment of interest if
		    payment has not been made within 30 calendar days after the receipt of a proper
		    invoice for the amount of the contract payment due, except when the contract
		    payment is subject to the conditions set forth in section
		    1003.5 
		    of this Part. Any time taken to satisfy any of the conditions set forth in
		    section
		    1003.5 
		    of this Part will extend by an equal period of time the date by which contract
		    payment must be made in order for the Fund to be liable for interest
		    payments.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.7 - Notification of defects

Current through Register Vol. 46, No. 28, July 10, 2024
The Fund will 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.
The existence of such defects or improprieties will delay the
		    commencement of the time period specified in section
		    1003.4 
		    of this Part until such defects or improprieties are corrected. When the fund
		    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 after receipt of the original invoice and the day that
		    notification was transmitted to the contractor. If the Fund fails to provide
		    reasonable grounds for its contention that a defect or impropriety exists, the
		    date by which the contract payment must be made in order for the Fund not to
		    become liable for interest payments will be calculated from the date of receipt
		    of a proper invoice.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.8 - Predetermined interval payments

Current through Register Vol. 46, No. 28, July 10, 2024
A proper invoice submitted by the contractor will be required
		    to initiate any payment by the Fund, except where the contract provides that
		    the contractor will be paid at pre-determined intervals without having to
		    submit an invoice for each such scheduled payment. For the purpose of
		    determining eligibility for payment of interest and subject to the provisions
		    of sections
		    1003.5
		    and
		    1003.6 
		    of this Part, the date by which contract payment must be made in order for the
		    Fund to be liable for interest payments will be the payment due date specified
		    in the contract.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.9 - Inapplicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part do not apply to payments due and
		    owing by the Fund:
(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.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1003 - Prompt Payment Policy Of Community Facilities Project Guarantee Fund › Section 1003.10 - Responsibility of the Fund

Current through Register Vol. 46, No. 28, July 10, 2024
The Fund will, within 30 days after adoption of this Part,
		    file a copy of such Part, and any 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 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The people's right to know the process of government
				  decisionmaking 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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.2 - Designation and duties of the records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The Secretary of State (secretary is responsible for
				  administering the Freedom of Information Law at the Department of State
				  (department) and designates the Public Information Officer as records access
				  officer and may designate assistant records access officers as
				  necessary.
(a) The records access
				officer shall:
(1) coordinate the
				department's response to public requests for access to reasonably described
				records;
(2) provide information
				concerning the nature and location of records;
(3) maintain a current list of records,
				indexed according to subject matter, for public inspection;
(4) respond to all inquiries relating to the
				availability to the public of the department's records pursuant to the Freedom
				of Information Law;
(5) receive and
				process requests for access to records in the manner prescribed by this
				Part;
(6) receive and process
				requests for the copying of records in the manner prescribed by this
				Part;
(7) upon request indicate the
				manner in which records are filed, retrieved or generated;
(8) receive the cooperation and assistance of
				all personnel of the department in the performance of his functions under this
				Part;
(9) prescribe the duties of
				and supervise the assistant records access officer(s) described by the records
				access officer; and
(10) charge and
				receive for the copying of records the fee prescribed by section 96  of the
				Executive Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.3 - 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 possessed by the department, whether or not records are
				available under 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 annually. The most recent update shall appear on
				the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.4 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for access to records within
				the possession of the Department of State shall be in writing and substantially
				identified as a request under the Freedom of Information Law (Public Officers
				Law, article 6, sections 84-90) and shall reasonably describe the requested
				records. Such request shall be addressed to the Records Access Officer, NYS
				Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY
				12231-0001.
(b) A request for
				access to records may be made by electronic mail. Such request shall be
				responded to by electronic mail, using forms, to the extent practicable,
				developed by the Committee on Open Government.
(c) The records access officer may permit
				individuals to act as agent for or authorized representative of a requester of
				access to records.
(d) The records
				access officer shall respond within five business days to a request for access
				to records that are reasonably described by:
(1) informing a person requesting records
				that the request or portion of the request does not reasonably describe the
				records sought, including direction, to the extent possible, that would enable
				that person to request records reasonably described;
(2) granting or denying access to records in
				whole or in part;
(3) acknowledging
				the receipt of a request in writing, including an approximate date when the
				request will be granted or denied in whole or in part, which shall be
				reasonable under the circumstances of the request and shall not be more than 20
				business days after the date of the acknowledgment, or if it is known that
				circumstances prevent disclosure within 20 business days from the date of such
				acknowledgment, providing a statement in writing indicating the reason for
				inability to grant the request within that time and a date certain, within a
				reasonable period under the circumstances of the request, when the request will
				be granted in whole or in part; or
(4) if the receipt of request was
				acknowledged in writing and included an approximate date when the request would
				be granted in whole or in part within 20 business days of such acknowledgment,
				but circumstances prevent disclosure within that time, providing a statement in
				writing within 20 business days of such acknowledgment specifying the reason
				for the inability to do so and a date certain, within a reasonable period under
				the circumstances of the request, when the request will be granted in whole or
				in part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.5 - Inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests
				for public access to records shall be accepted during all hours the department
				is regularly open for business. If access to records is granted, records may be
				inspected by the public at the office of the records access officer every day
				that the offices of the department are open for business during the hours 9
				a.m. through 12 noon, and 1 p.m. through 4 p.m. Records may also be inspected
				at an office of an assistant records access officer.
(b) If a record is of a type available for
				inspection under the Freedom of Information Law but contains information,
				details and/or particulars requiring deletion, a requester shall only be
				permitted to inspect a copy of the record with deletions.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.6 - Protection of exempt material, trade secrets and critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				records access officer may deny access to records or portions thereof that are
				exempt from disclosure under the laws of the State of New York or the United
				States, or deny access to records or portions of records that constitute
				critical infrastructure information or 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.
(1) Any person who submits information to the
				department, which is not otherwise exempted from disclosure under the laws of
				the State of New York or the United States, may request that the department
				except such information from disclosure as critical infrastructure information
				or a trade secret pursuant to sections 86 (5), 87 (2) and 89 (5)  of the Public
				Officers Law. Where the request itself contains information which, if
				disclosed, would defeat the purpose for which the exception is sought, such
				information will also be excepted from disclosure.
(2) The request for an exception must be in
				writing, specify the information or portions thereof for which the exception is
				requested, and state the reasons why such information should be excepted from
				disclosure.
(3) Records or parts of
				records identified as critical infrastructure information or trade secrets at
				submission shall be charged to the custody of the head of the division, bureau
				or office with which they are filed. That individual shall be entitled to
				inspect these records, shall identify the persons under his or her supervision
				who may inspect and copy these records and shall specify the safeguards for
				preventing unauthorized access to these records. The secretary and other
				persons within the department specifically designated by the secretary shall be
				entitled to inspect these records. Also, the designated records access officer,
				assistant records access officer(s), records appeals officer and assistant
				records appeals officer(s) shall be entitled to inspect and copy these
				records.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.7 - Procedure to be followed in the event of denial of access to records or denial of exception from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The secretary designates the counsel to the secretary as records appeals
				officer and may designate other members of the counsel's office as assistant
				records appeals officer(s) to decide appeals from a denial of access to records
				or denial of the request for an exception from disclosure under the Freedom of
				Information Law. The records appeals officer shall prescribe the duties of and
				supervise the assistant records appeals officer(s). The address of the records
				appeals officer is: Counsel to the Department of State, One Commerce Plaza, 99
				Washington Avenue, Albany, NY 12231-0001.
(b) Denial of access to requested records and
				denial of exception from disclosure by the records access officer shall be in
				writing, stating the reason for the denial and informing the requester of his
				right to appeal the denial to the records appeals officer. The written notice
				of denial shall also contain the name, the title, business address and business
				telephone number of the records appeals officer. Notice of such denial shall
				also be given to the agent or authorized representative of the requester, if
				any.
(c) If the requested records
				are not provided as required in section
				80.4(d) of this
				Part, the records shall be deemed denied.
(d) A person who has been denied access to a
				requested record by the records access officer shall have the right to appeal
				the denial to the records appeals officer within 30 days of the
				denial.
(e) A person who has been
				denied an exception from disclosure, pursuant to section
				80.6 of this Part, shall have the
				right to appeal the denial by filing a written statement of appeal from the
				determination of the records access officer with the records appeals officer,
				within seven business days of receipt of the written notice denying such
				request.
(f) In order to perfect a
				proper and timely appeal, the written statement of appeal received by the
				records appeals officer from the appellant must set forth:
(1) the date and the location of the request
				for access to the department's records, or request for an exception from
				disclosure;
(2) the records,
				identified with particularity, to which the requester was denied access or was
				denied an exception; and
(3) the
				name and return address of the requester.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Except where fees or exemptions from fees have been
				  established by statutory law, rules or regulations of the department or the
				  Civil Practice Law and Rules, the following rules shall apply to fees:
(a) There shall be no fee charged for:
(1) inspection of the itemized record
				prepared by the records access officer setting forth the name, title and salary
				of each officer;
(2) inspection of
				the index of records which the department is required to maintain under the
				Freedom of Information Law (Public Officers Law, article 6, sections 84-90);
				or
(3) inspection of records of the
				department which are required to be disclosed under the Freedom of Information
				Law where no deletion of any part of the contents thereof is required under
				section 80.4(d) of this
				Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall cause public notice to be
				  posted in all buildings occupied by the department, informing members of the
				  public of his business location and telephone number; the time and place
				  records will be made available for inspection and copying; and the notice shall
				  inform the individual of his right to appeal the denial of access to requested
				  records and provide him with the name, business address and telephone number of
				  the records appeals officer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.10 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
It is the intent of the department to ensure that information
				  regarding approved real estate courses will be readily available to licensed
				  real estate brokers and salespeople, who are required to attend approved
				  courses as a condition to continued licensure pursuant to article 12-A of the
				  Real Property Law. The Legislature has expressed, through amendments to such
				  law, a strong public policy that such licensees remain knowledgeable about
				  current laws and practices bearing on the real estate brokerage business. To
				  further effectuate this policy, the department will prepare lists described in
				  section 80.11 of this Part, to be
				  available pursuant to this Part. The information contained in the lists will be
				  limited to that already generally available in the public domain by virtue of
				  its nature and of the dissemination of information on lists released pursuant
				  to court order in New York State Association of Realtors, Inc. v. Paterson, No.
				  4514-81 (Supreme Court, Albany County, July 20, 1981).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.13 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
In determining whether the request shall be filled, in
				  addition to any other requirement in this Part, the department may take into
				  consideration the following factors:
(a) the purpose to which the information
				shall be put;
(b) whether any
				privacy interests may be violated by filling the request;
(c) whether the uses to which the information
				may be put can be limited in order to address the concerns in subdivisions (a)
				and (b) of this section;
(d)
				whether the department is prohibited by law from releasing such information;
				and
(e) any other factors the
				department deems relevant to its decision.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 80 - Examination And Copying Of Records › Section 80.14 - Agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As a condition
				to receiving lists described in section
				80.11 of this Part, such requester
				shall enter into an agreement with the department, to be signed by the
				requester and the Secretary of State or his designee.
(b) The agreement shall contain such
				conditions and provisions as are determined necessary by the department to
				effectuate the request. Such conditions and provisions may include, but are not
				limited to, the following:
(1) the fee which
				shall be charged by the department for furnishing the list;
(2) the uses to which the information may be
				put, including the incorporation of any affidavits necessary to ensure
				such;
(3) limitations on who may
				use the information; and
(4) any
				penalties which may be incurred upon failure of the requester to comply with
				the terms of the agreement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the Department of State to fully comply with
				the provisions of article 6-A of the Public Officers Law, the Personal Privacy
				Protection Law.
(b) The department
				shall maintain in its records only such personal information that is relevant
				and necessary to accomplish a purpose of the department 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 department seeks to ensure that all
				records pertaining to or used with respect to individuals are accurate,
				relevant, timely and complete.
(e)
				These regulations provide information regarding the procedures by which members
				of the public may assert rights granted by the Personal Privacy Protection
				Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director of administration of the
				Department of State is hereby designated privacy compliance officer and is
				responsible for ensuring that the department complies with the provisions of
				the Personal Privacy Protection Law and the regulations herein and for
				coordinating the department's response to requests for records or amendment of
				records.
(b) The address of the
				privacy compliance officer is: Department of State, One Commerce Plaza, 99
				Washington Avenue, Albany, NY 12231-0001.
(c) The privacy compliance officer is
				responsible for:
(1) assisting a data subject
				in identifying and requesting personal information, if necessary;
(2) describing the contents of systems of
				records orally or in writing in order to enable a data subject to learn if a
				system of records includes a record or personal information identifiable to a
				data subject requesting such record or personal information;
(3) taking one of the following actions upon
				locating the record sought:
(i) make the
				record available for inspection, in a printed form without codes or symbols,
				unless an accompanying document explaining such codes or symbols is also
				provided;
(ii) permit the data
				subject to copy the record; or
(iii) deny access to the record in whole or
				in part and explain in writing the reasons therefor;
(4) making a copy available, upon request,
				upon payment of or offer to pay established fees, if any, or permitting the
				data subject to copy the records;
(5) upon request, certifying that a copy of a
				record is a true copy; or
(6)
				certifying, upon request, that:
(i) the
				department does not have possession of the record sought;
(ii) the department 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 department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.3 - 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 department may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the department, 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
				department may require verification of a signature or inclusion of an
				identifier generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record accessible to
				the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				be made available at the main office of the department, which is located at One
				Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.
(b) Whenever practicable, records shall be
				made available at a regional office most convenient to a data
				subject.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests shall be made in writing, except that the department 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 sought. Whenever possible, the
				data subject should supply identifying information that assists the department
				in locating the records sought.
(c)
				Requests based upon categories of information described in a notice of a system
				of records or a privacy impact statement shall be deemed to reasonably describe
				the record sought.
(d) Within five
				business days of the receipt of a request, the department 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 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.7 - 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 department shall:
(a) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed pursuant to paragraph
				(d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law;
				or
(b) inform the data subject in
				writing of its refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.8 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of a request for a record or amendment or correction of a record or personal
				information:
(1) shall be in writing,
				explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				may be directed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.9 - 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 of
				personal information pursuant to section
				81.8 of this Part may, within 30
				days of such denial, appeal.
(b)
				The time for deciding an appeal shall commence upon receipt of an appeal that
				identifies:
(1) the date and location of a
				request for a record or amendment or correction of a record or personal
				information;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination rendered pursuant to the appeal shall inform the data subject of
				the right to:
(1) file with the department a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determination;
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
				of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter II - Public Access To Records › Part 81 - Access To Personal Information › Section 81.11 - 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; or
(2) search for records.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 130 - Filing Local Laws › Section 130.1 - Filing location

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of each local law shall be mailed or delivered to
					 the Department of State, Bureau of State Records and Law, at its Albany
					 office.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 130 - Filing Local Laws › Section 130.2 - Filing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Each local law shall be filed on a form provided by the
					 department. If additional pages are required, they must be of the same size as
					 the form. For convenience, printed, mimeographed or typewritten copies of the
					 text may be affixed to the form, but these shall not be of a size larger than
					 the form. To ensure reproduction by the department's record retention
					 equipment, only true and legible copies will be accepted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 130 - Filing Local Laws › Section 130.3 - Title and number of local laws

Current through Register Vol. 46, No. 28, July 10, 2024
The filing form shall contain entries for the title and
					 number of each local law. Numbering shall be consecutive, beginning with the
					 number one for the first local law filed in each calendar year. The next number
					 in sequence shall be applied to each local law when it is filed, regardless of
					 its date of introduction or adoption. Such form shall also contain entries for
					 other information as may be required by law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 130 - Filing Local Laws › Section 130.4 - Filing date

Current through Register Vol. 46, No. 28, July 10, 2024
The date of filing of a local law shall be the date on
					 which the local law is placed on file by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 130 - Filing Local Laws › Section 130.5 - Corrections

Current through Register Vol. 46, No. 28, July 10, 2024
Corrections of filed local laws will be accepted by the
					 department, only where the corrections are of clerical errors occurring after
					 adoption of the local law. Corrections must be in the form of whole pages
					 submitted as either replacement pages or additional pages. Corrections must be
					 accompanied by a letter signed by the municipal clerk, clerk to the legislative
					 body, or other duly-designated officer, explaining the nature of the
					 correction. The letter must also attest to the officer's belief that the
					 correction will conform the filed local law with the local law as adopted. No
					 other changes of any kind will be made to filed local laws by the
					 department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 131 - Right of Publicity Registration › Section 131.2 - Fee

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for filing a registration of a person claiming to
					 be a successor in interest to the rights of a deceased personality or a
					 licensee thereof with the Department of State under Civil Rights Law Section
					 50-f is one hundred fifty dollars.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 131 - Right of Publicity Registration › Section 131.3 - Verification by Affirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  registration form for any person claiming to be a successor in interest to the
				  rights of a deceased personality or a licensee thereof may be verified by
				  affirmation under penalty of perjury.
(b) In the case of an agent, lawfully
				  appointed, completing a registration form on behalf of a person claiming to be
				  a successor in interest to the rights of a deceased personality or a licensee
				  thereof, the agent shall be required to verify by affirmation, under the
				  penalty of perjury, that such agent has been duly appointed to file such
				  registration, knows the contents of such registration, and believes the same to
				  be true.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 132 - Use Of Games Of Chance In Selling Commodities › Section 132.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Game includes a series of the same or substantially similar
					 games.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 132 - Use Of Games Of Chance In Selling Commodities › Section 132.2 - Registration statement

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required by General Business
					 Law, section 369-e(1), the statement filed in the Department of State shall set
					 forth the prizes offered and the retail value of each prize.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 132 - Use Of Games Of Chance In Selling Commodities › Section 132.3 - Value of prizes

Current through Register Vol. 46, No. 28, July 10, 2024
The actual retail cost shall be used in determining the
					 value of prizes offered in any game of chance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 132 - Use Of Games Of Chance In Selling Commodities › Section 132.4 - Trust accounts and surety bonds

Current through Register Vol. 46, No. 28, July 10, 2024
Where prizewinning objects are distributed to retail
					 establishments in a substantially uniform ratio to the number of participating
					 objects or entries, the total value of prizes offered may be calculated
					 as:
A = (N/T) (V) + P
where A is the amount of the bond to be posted or trust
					 account to be maintained;
N is the total number of objects distributed in New York or
					 the projected number of entries from New York;
T is the total number of objects distributed or the
					 projected number of entries in the game;
V is the total retail value of all prizes offered;
					 and
P1, P2, P3, P4, and P5 are respectively the retail values
					 of the first, second, third, fourth and fifth largest prizes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 132 - Use Of Games Of Chance In Selling Commodities › Section 132.5 - Winners list

Current through Register Vol. 46, No. 28, July 10, 2024
The rules of the contest shall set forth the address where
					 persons may obtain a copy of the winners list from the promoter in accordance
					 with General Business Law, section 369-e(5).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 133 - Registration Of Names Or Marks In Relation To The Use Of Carts, Cases, Trays, Baskets, Boxes And Other Containers › Section 133.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this article:
(a) Name or mark means any word, name,
				  symbol, picture, design or any combination thereof, produced upon and used by a
				  person to indicate ownership of carts, cases, trays, baskets, boxes and other
				  containers.
(b) Person means any
				  individual, firm, partnership, corporation, association, union or other
				  organization.
(c) Permanently
				  affixed means branded, stamped, stenciled, engraved, etched, blown, embossed,
				  impressed, or otherwise permanently placed upon any cart, case, tray, basket,
				  box or other container.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 133 - Registration Of Names Or Marks In Relation To The Use Of Carts, Cases, Trays, Baskets, Boxes And Other Containers › Section 133.2 - Filing of statement

Current through Register Vol. 46, No. 28, July 10, 2024
A person who uses a name or mark to indicate ownership of
					 carts, cases, trays, baskets, boxes and other containers may file in the Office
					 of the Secretary of State, on a form to be furnished by the Secretary, the
					 following information:
(a) the name
				  and business address of the person filing the statement; and, if a corporation,
				  the state of incorporation;
(b) the
				  nature of the business of the person filing; and
(c) the type of container with which the
				  name, mark or device is used.
The statement shall include or be accompanied by a copy,
					 specimen, facsimile or counterpart of such name or mark, together with the
					 filing fee prescribed by section 96  of the Executive Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 133 - Registration Of Names Or Marks In Relation To The Use Of Carts, Cases, Trays, Baskets, Boxes And Other Containers › Section 133.3 - Assignment

Current through Register Vol. 46, No. 28, July 10, 2024
The registration of the filing of any name or mark under
					 this Part and the benefits obtained thereunder shall be assignable. Assignments
					 shall be made upon forms supplied by the Secretary of State and shall be
					 accompanied by the fee prescribed by section 96  of the Executive
					 Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 133 - Registration Of Names Or Marks In Relation To The Use Of Carts, Cases, Trays, Baskets, Boxes And Other Containers › Section 133.4 - Cancellation

Current through Register Vol. 46, No. 28, July 10, 2024
The Secretary of State shall cancel from the
					 register:
(a) any certificate
				  concerning which the Secretary of State shall receive a voluntary request for
				  cancellation thereof from the person filing or from the assignee; and
(b) any certificate in respect of which a
				  court of competent jurisdiction shall order cancellation on any legal or
				  equitable ground.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter III - Administration › Subchapter A - Bureau Of State Records And Law › Part 134 - Administration Of Address Confidentiality Program › Section 134.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part describes the practices and procedures of the
					 Secretary of State relative to Executive Law section 108, Address
					 Confidentiality Program. The Secretary of State may make, amend and rescind
					 such rules, forms, orders and policies as are contemplated by Executive Law
					 section 108 as necessary to carry out its purpose.