reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Except where fees or exemptions from fees have been
				  established by statute the following rules shall apply to fees:
(a) There shall be no fee charged for:
(1) inspection of the itemized record,
				prepared pursuant to section 87(3)(b) of the Freedom of Information Law,
				setting forth the name, address, title, and salary of each officer or employee
				of the office;
(2) inspection of
				the current list by subject matter of all records in the possession of the
				office that the office is required to maintain under section 87(3)(c) of the
				Freedom of Information Law;
(3)
				inspection of records of the office that are required to be disclosed under the
				Freedom of Information Law where no deletion of any part of the contents
				thereof is permitted or required; or
(4) a certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.10 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall cause public notice to be
				  posted on the agency's official website:
(a) the records access officer's business
				location and business telephone number;
(b) the time and place records will be made
				available for inspection and copying;
(c) the right to appeal by any person denied
				access to records; and
(d) the name,
				business address, and business telephone number of the records appeals
				officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the Office of Information Technology Services
				to fully comply with the provisions of article 6-A of the Public Officers Law,
				the Personal Privacy Protection Law.
(b) The Office of Information Technology
				Services shall maintain in its records only such personal information that is
				relevant and necessary to accomplish a purpose of the agency 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 Office of Information Technology
				Services 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. Specifically, they set forth:
(1) procedures by which an individual can
				learn if a system of records contains any records pertaining to him or
				her;
(2) reasonable times, places
				and means for verifying the identity of an individual who requests access to
				his or her record;
(3) procedures
				for providing access, upon the individual's request, to the individual's
				record; and
(4) procedures for
				reviewing a request from an individual for access to, and for correction or
				amendment of, his or her record, for making a determination on such request,
				and for an appeal within the agency of an initial adverse agency
				determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) The term data subject means any natural
				person about whom personal information has been collected by an
				agency.
(b) The term personal
				information means any information concerning a data subject which, because of
				name, number, symbol, mark or other identifier, can be used to identify the
				data subject.
(c) The term record
				shall be given the same meaning as the definition of the same term found in the
				Public Officers Law, article 6-A, the Personal Privacy Protection
				Law.
(d) The term office means the
				New York State Office of Information Technology Services or its
				successor.
(e) The term system of
				records means any group of records under the actual or constructive control of
				any agency pertaining to one or more data subjects from which personal
				information is retrievable by use of the name or other identifier of a data
				subject.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				request is made pursuant to this Part in person, or when records are made
				available in person following a request made by mail, the Office of Information
				Technology Services may require identification, such as a driver's license, an
				identifier assigned to the data subject by the Office of Information Technology
				Services, a photograph or similar information that confirms that the records
				sought pertain to the data subject.
(b) When a request is made pursuant to this
				Part, by mail, the Office of Information Technology Services may require
				verification of a signature or inclusion of an identifier generally known only
				by a data subject, or similar appropriate identification.
(c) Proof of identity shall not be required
				regarding a request for a record accessible to the public pursuant to the
				Freedom of Information Law (article 6 of the Public Officers Law).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.4 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.5 - Public inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall be made available at the
				main office of the Office of Information Technology Services, which is located
				at:
NYS Office of Information Technology Services
Empire State Plaza
Swan Street Building, Core 4
Albany, NY 12223
(b) The Office of Information Technology
				Services shall accept requests for records and produce records during the hours
				9:00 a.m. through 12:00 p.m. and 1:00 p.m. through 4:00 p.m.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.6 - Requests for records and information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests made pursuant to this Part
				shall be made in writing and must be accompanied by a reasonable proof of
				identity.
(b) A request shall
				reasonably describe the record to which access is sought or about which
				information is desired. Whenever possible, the data subject should supply
				identifying information that assists the Office of Information Technology
				Services 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 meet the required description of the record
				sought.
(d) Within five business
				days of the receipt of a proper request, the Office of Information Technology
				Services shall provide access to the record, deny access in writing explaining
				the reasons therefore, or acknowledge the receipt of a request in writing,
				stating the approximate date when the request will be granted or denied, that
				date shall not exceed 30 days from the date of acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.7 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive deputy commissioner of the
				Office of Information Technology Services shall designate a privacy compliance
				officer who is responsible for ensuring that the Office of Information
				Technology Services complies with the provisions of the Personal Privacy
				Protection Law and with these regulations. The director may, with respect to
				any one or more privacy compliance issues, delegate their authority hereunder
				to an appropriate employee of the Office of Information Technology
				Services.
(b) The address of the
				privacy compliance officer is:
Privacy Compliance Officer
NYS Office of Information Technology Services
State Capitol ESP, P.O. Box 2062
Albany, NY 12220-0062
(c) The privacy compliance officer shall
				coordinate the response to individuals' requests for access to records which
				contain personal information.
(d)
				The privacy compliance officer is responsible for:
(1) assisting an individual in identifying
				and requesting personal information, if necessary;
(2) describing the contents of systems of
				records orally or in writing in order to enable an individual to learn if a
				system of records includes a record or personal information identifiable to an
				individual requesting such record or personal information; and
(3) ensuring that Office of Information
				Technology Services personnel take 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
				individual to copy the record;
(iii) deny access to the record in whole or
				in part and explain in writing the reasons therefore;
(iv) make a copy available upon request, upon
				payment of or offer to pay established fees, if any, or permit the individual
				to copy the record;
(v) upon
				request, certify that a copy of the record is a true copy; or
(vi) certify, upon request, that:
(a) the office does not have possession of
				the record sought;
(b) the office
				cannot locate the record sought after having made a diligent search;
				or
(c) the information sought
				cannot be retrieved by use of the description thereof, or by use of the name or
				other identifier of the individual without extraordinary search methods being
				employed by the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.8 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests
				made pursuant to this Part to amend a record shall be made in writing, must be
				accompanied by a reasonable proof of identity, and must reasonably describe the
				record to be amended.
(b) Within 30
				days of a request from a data subject for correct ion or amendment of a record
				or personal information that is reason ably described and that pertains to the
				data subject, the Office of Information Technology Services shall:
(1) make the amendment or correction in whole
				or in part and inform the data subject that, upon 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 (1) of subdivision one of section
				96 of the
				Public Officers Law; or
(2) inform
				the data subject in writing of its refusal to correct or amend the record,
				including the reasons therefore.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.9 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of a request for records or amendment or correction of a record or personal
				information:
(1) shall be in writing,
				explaining the reasons therefore; and
(2) identify the person to whom an appeal may
				be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.10 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record or
				personal information pursuant to sect ion 551.9 of this Part may, within 30
				days of such denial, appeal to the Counsel of the Office of Information
				Technology Services.
(b) The
				Counsel may, with respect to any one or more appeals, delegate its authority
				hereunder to any assistant counsel of the Office of Information Technology
				Services.
(c) 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 address of the person making the appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 551 - Access To Personal Information › Section 551.11 - 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 Office of
				Information Technology Services, a statement of reasonable length setting forth
				the data subject's reasons for disagreement with the determination;
				and
(2) request that such a
				statement of disagreement be provided to any person or governmental unit to
				which the record has been or is disclosed pursuant to paragraph (d), (i) or (l)
				of subdivision one of section
				96 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 552 - State Agency Internet Posting Of Application Forms › Section 552.1 - Purpose, intent and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
164-d of the Executive Law provides that the State and every
				  State agency, department, bureau, board, authority, office, commission, or any
				  other instrumentality of the State shall make those various application forms
				  developed and distributed by such agency or instrumentality for public use that
				  are readily convertible to internet form and that are intended to be commonly
				  used by the general public available on the internet. Section 164-d requires
				  the New York State Office of Information Technology Services (ITS) to
				  promulgate rules and regulations to implement the statute. The purpose of this
				  Part is to establish a process for the entities that are subject to section
				  164-d to use in prioritizing the application forms to be made available on the
				  internet and establishing the timing for making such application forms
				  available on the internet.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 552 - State Agency Internet Posting Of Application Forms › Section 552.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the terms below have the
				  following meanings:
(a) Applicant
				means a person who makes a formal request to a State agency for an approval,
				authorization, certification, consent, decision, determination, license, order,
				permit, registration, or other administrative action.
(b) Application forms means those documents
				provided by a State agency for completion by an applicant to such State
				agency.
(c) General public means
				all persons and not limited or restricted to a particular class of
				persons.
(d) Internet means the
				internet as defined by subdivision 3 of section
				202 of the
				State Technology Law.
(e) State
				agency means every State agency, department, bureau, board, authority, office,
				commission, or any other instrumentality of the State.
(f) State agency website means State agency
				website as defined by subdivision 7 of section
				202 of the
				State Technology Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 552 - State Agency Internet Posting Of Application Forms › Section 552.3 - Inventory of prioritization process for application forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 180 days from the effective date
				of this regulation each State agency shall:
(1) review and inventory its existing
				application forms that are intended to be commonly used by the general
				public;
(2) determine which of
				these application forms, if any, have already been made available to the
				general public on the internet and which have not; and
(3) establish a priority list for making
				available to the general public on the internet those application forms that
				have not previously been made so available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 552 - State Agency Internet Posting Of Application Forms › Section 552.4 - Posting process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				completion of the inventory and priority list required by section
				552.3(a) of this
				Part, a State agency shall, consistent with the priority list and as
				expeditiously as possible, begin the process of posting application forms on a
				State agency website. The State agency website on which the application forms
				are posted shall include a conspicuous and direct link to the application
				forms. The direct link to the application forms may be combined with the link
				to the inventory and the priority list required by section
				552.3(c) of this
				Part.
(b) In posting application
				forms on the internet, State agencies shall comply with laws, policies and
				procedures in regard to the accessibility of internet information and
				applications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 552 - State Agency Internet Posting Of Application Forms › Section 552.5 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ITS is
				responsible for administering this Part. ITS may request and shall receive such
				assistance and information from State agencies as may be necessary or
				convenient to properly administer this Part.
(b) Nothing in section
				164-d of the
				Executive Law or this Part shall require that a State agency accept or process
				application forms submitted through the internet, or post application forms
				including user-specific data on the internet.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter I - Grievance Appeals Board › Part 560 - Submission And Settlement Of Grievances Of State Employees › Section 560.1 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise expressly stated or unless the context
					 requires a different meaning, for the purposes of the formal grievance
					 procedures established pursuant to the Executive Order of the Governor of
					 October 14, 1970 [see section
					 1.1, Part 1, Subtitle A,
					 supra]:
(a) The term executive order
				  means the executive order promulgated by Governor Rockefeller on October 14,
				  1970 relating to procedures for the submission and settlement of certain
				  grievances of certain State employees [see section
				  1.1, Part 1, Subtitle A, supra
				  ].
(b) The term board means the
				  grievance appeals board in the Office of Employee Relations.
(c) The term grievance means a claim or
				  charge of injustice to an employee as defined at section
				  6 of the executive
				  order.
(d) The term department or
				  agency means any unit of the executive branch of the State government for which
				  the grievance appeals board approves a separate procedure.
(e) The term employee representative means
				  the agent selected subject to the provisions of section
				  1 of the executive
				  order by the employee to act in his behalf in the processing of a
				  grievance.
(f) The term immediate
				  supervisor means the employee or officer on the next higher level of authority
				  above the employee claiming to be aggrieved in the agency wherein the grievance
				  exists and who normally assigns and reviews the employee's work, approves his
				  time record, or evaluates his work performance by or with the designation or
				  approval of the agency head.
(g)
				  The term employee means an employee in the executive branch of State government
				  (1) who is not covered by a collectively negotiated agreement (collective
				  agreement) between the State and a certified or recognized employee
				  organization or (2) who is covered by a collective agreement which accords such
				  employee the right to continue to process grievances under the Executive
				  Order.
(h) The term step means a
				  level of the procedure at which a decision on the grievance is made.
(i) The term agency procedure means those
				  processes or procedures within the department or agency, established by the
				  department or agency head and approved by the grievance appeals board, by which
				  a grievance is presented and a determination made thereon within the department
				  or agency.
(j) The term appeal
				  means the process or procedure by which an aggrieved employee presents in the
				  next higher step a grievance which has not been disposed of to his
				  satisfaction.
(k) The term working
				  day means the days Monday through Friday excluding holidays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter I - Grievance Appeals Board › Part 560 - Submission And Settlement Of Grievances Of State Employees › Section 560.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The employee shall identify his
				  representative, if any, to the appropriate State official(s) at all steps,
				  giving name, address and official designation, or if also an employee, his
				  title, official working station and department.
(2) A representative who is also a State
				  employee shall notify his supervisor immediately upon learning of his
				  designation, stating the name of the aggrieved and the time and place of the
				  grievance review or discussion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter I - Grievance Appeals Board › Part 560 - Submission And Settlement Of Grievances Of State Employees › Section 560.4 - Time off for processing of grievances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee and his representative, if an
				  employee, shall be allowed such time off from his regular duties as may be
				  necessary and reasonable for the processing of a grievance under the procedures
				  adopted pursuant to the executive order without loss of pay or vacation or
				  other time credits.
(b) Time shall
				  be granted for the presentation of the grievance at any step or to the
				  grievance appeals board. It shall not include time for preparation of the
				  presentation of a grievance, but shall include reasonable time for discussion
				  between the employee and his representative immediately prior to the designated
				  presentation and such reasonable travel time as may be necessary. An employee
				  shall be permitted to discuss with his representative prior to the initiation
				  of a first-step proceeding any complaint or matter concerning conditions set
				  forth in section
				  6
				  (b) of the executive order, for the purpose
				  of aiding him in deciding whether he wishes to process the grievance through
				  the agency procedure. If such discussion is to take place during the regular
				  work hours of an employee, whether grievant or his representative, he shall
				  first obtain from his supervisor permission to absent himself from his work and
				  shall advise his supervisor of the name of the grievant or his representative,
				  as the case may be.
(c) If any step
				  must be scheduled outside regular working hours or continues beyond regular
				  working hours, the additional time shall not be considered in computing earned
				  overtime nor shall compensatory time off be granted. Insofar as practicable,
				  agencies may reschedule the employee's and/or his representative's working
				  hours to coincide with discussion or meetings scheduled outside regular working
				  hours.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter I - Grievance Appeals Board › Part 560 - Submission And Settlement Of Grievances Of State Employees › Section 560.5 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in these regulations shall be construed
					 to limit the executive order.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 565 - Public Access To Records › Section 565.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
					 procedures governing the availability, location and nature of those records of
					 the Governor's Office of Employee Relations subject to the provisions of
					 article 6 of the Public Officers Law, known as the Freedom of Information
					 Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 565 - Public Access To Records › Section 565.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  director shall mean the Director of Employee Relations.
(b) The term office shall mean the Governor's
				  Office of Employee Relations.
(c)
				  The term records access officer shall mean the person designated by the
				  director to perform that function in the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 565 - Public Access To Records › Section 565.3 - Procedure for inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person wishing to examine a record
				  shall submit a written request to do so to the records access officer. Such
				  request shall identify the specific record sought to be examined by date and by
				  subject matter in a manner sufficiently detailed to make it readily
				  identifiable by the records access officer.
(b) Within five business days of receipt of
				  such a proper request to examine a record, the records access officer shall
				  furnish a written acknowledgment of the receipt of such request and a statement
				  of the approximate date when such 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 request, the request may be construed as a
				  denial of access that may be appealed.
(c) Copies of records may be requested, in
				  writing, and will be provided upon payment to the records access officer of a
				  reproduction fee of 25 cents per page. Should the person requesting such copies
				  further request that one or more of such copies be mailed to such person, the
				  cost thereof shall be borne by such person and shall be remitted in advance to
				  the records access officer by the person requesting such copies. Payment of
				  reproduction fees and mailing charges shall be made by cash or certified check,
				  cashier's check or postal money order drawn in a form acceptable to the records
				  access officer.
(d) Records will be
				  available for public inspection at the Governor's Office of Employee Relations,
				  12th Floor, Agency Building 2, Empire State Plaza, Albany, NY, between 10 a.m.
				  and 4 p.m., Monday through Friday, except legal holidays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 565 - Public Access To Records › Section 565.4 - List of records

Current through Register Vol. 46, No. 28, July 10, 2024
On behalf of the office, the records access officer shall
					 maintain a reasonably detailed current list by subject matter of all records in
					 the possession of the agency, whether or not available under Public Officers
					 Law, article 6 and this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 565 - Public Access To Records › Section 565.5 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who is denied access to a record adequately
					 identified by such person pursuant to subdivision (a) of section
					 565.3 of this Part, may appeal such
					 denial in writing to the director. Such appeal shall state the basis for the
					 applicant's assertion that the record must be produced. Following consideration
					 by the director of such written appeal, the director may either make such
					 record available for examination by the person making such appeal or further
					 deny such access. Any such denial shall be made within seven business days of
					 receipt of such appeal and shall be accompanied by a full explanation, in
					 writing, of the director's reasons for such denial. Such denial by the director
					 shall be subject to review in the manner provided by article 78 of the Civil
					 Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.1 - Eligible employees

Current through Register Vol. 46, No. 28, July 10, 2024
The following State officers and employees in the Executive
					 Branch are eligible to exchange excess vacation credits for cash
					 payment:
(a) officers and employees
				  whose positions have been designated managerial or confidential pursuant to
				  article 14 of the Civil Service Law, including those covered by section
				  19 of the
				  Correctional Law, and those in the professional service in the State University
				  who are designated, stipulated or excluded from negotiating units as managerial
				  or confidential;
(b) employees
				  covered by paragraph (a) of subdivision 1 of section
				  215 of the
				  Executive Law;
(c) employees
				  excluded from representation rights under article 14 of the Civil Service Law
				  pursuant to rules and regulations of the Public Employment Relations Board;
				  and
(d) employees in the Division
				  of Military and Naval Affairs who are eligible to participate in the group term
				  insurance plan authorized under section
				  158 of the
				  Civil Service Law.
Employees in these eligible categories who are paid on a
					 part-time basis may participate and receive the exchange payment on a prorated
					 basis. Employees in these covered categories who are on leave are eligible to
					 participate in the program. Employees whose salaries are prescribed by section
					 169 of the
					 Executive Law or whose salaries were prescribed by that section prior to the
					 enactment of Chapter 55 of the Laws of 1979, and those in negotiating units
					 represented by employee organizations pursuant to article 14 of the Civil
					 Service Law, are not eligible to participate in the exchange
					 program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.2 - Accrual requirement

Current through Register Vol. 46, No. 28, July 10, 2024
In order to participate in the excess vacation exchange
					 program, an employee must have 35 or more days of accumulated vacation credits
					 at the time of election.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.3 - Election date

Current through Register Vol. 46, No. 28, July 10, 2024
An eligible employee electing to participate in the excess
					 vacation exchange program must file an election form by May 1 with the
					 payroll/personnel office in the employee's agency/facility indicating the
					 number of days accumulated and the number of days to be exchanged; provided,
					 however, in 1980 such election must be filed on or after June 23, 1980 and on
					 or before August 22, 1980. Failure to file within this time perid will be
					 deemed to be a declination of participation in the program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.4 - Limitations

Current through Register Vol. 46, No. 28, July 10, 2024
Earned and accumulated vacation credits can only be
					 exchanged in full day units and only up to a maximum of five
					 days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.5 - Vacation accrual subsequent to exchange election

Current through Register Vol. 46, No. 28, July 10, 2024
Vacation credits designated for exchange will be segregated
					 from the employee's accrued vacation credits for future cash payment and such
					 days will not be included in the accrued credits of the employee for the
					 purpose of disallowing subsequent vacation credits within the limits otherwise
					 prescribed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.6 - Payment for vacation credit exchange

Current through Register Vol. 46, No. 28, July 10, 2024
Cash payment in exchange for excess vacation credits will
					 be based on the employee's annual salary in effect on July 1 of the exchange
					 program year, including all annual salary factors in effect on that date.
					 Payment for such exchange will be made by separate check in the last payroll
					 period commencing in November of the exchange program year. Such payment will
					 not be considered part of the employee's basis annual salary, nor will it be
					 considered salary for the purpose of computing retirement benefits. The salary
					 in effect on July 1 means the salary in effect at the beginning of the payroll
					 period the first day of which is the nearest to July 1 or the beginning of the
					 earlier of two payroll periods, the first days of which are nearest but not
					 equally near to July 1.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.7 - Termination of service

Current through Register Vol. 46, No. 28, July 10, 2024
Employees who file an election but who terminate State
					 service prior to receiving the exchange payment will receive such payment at
					 the same time all other exchange payments are made. In the case of employees
					 who have filed an election but who terminate State service prior to July 1,
					 their salary in effect on the last date of their employment prior to July 1,
					 will be considered to be their July 1 salary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 566 - Excess Vacation Credit Exchange › Section 566.8 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may be waived, subject to provisions by law, by
					 the Director of Employee Relations whenever he determines that strict adherence
					 to the rules would be detrimental to the sound and orderly administration of
					 the excess vacation exchange program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.1 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the State of New York to recognize and
					 reward management/confidential employees (M/C's) whose significant individual
					 or team achievements go beyond the scope of normal duties or performance. The
					 purpose of the Special Achievement Awards program is to serve as a positive
					 motivator for M/C's and thereby encourage initiative, innovation, productivity
					 improvement, and monetary savings in New York State. This is intended to be a
					 highly selective program in which less than one percent of the M/C group will
					 be selected as award recipients each year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.2 - Program authorization

Current through Register Vol. 46, No. 28, July 10, 2024
Authorization for this program is provided through fiscal
					 year 1987-88 by section 19.4(c) of chapter 306 of the Laws of
					 1985.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.3 - Eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to the following
					 full-time State officers and employees, regardless of grade level,
					 jurisdictional class, or whether they are below, at or above the job rate for
					 their grade or equated grade:
(a)
				  officers and employees whose positions are designated managerial or
				  confidential pursuant to article 14 of the Civil Service Law;
(b) civilian State employees of the Division
				  of Military and Naval Affairs in the Executive Department whose positions are
				  not in, or are excluded from representation rights in, any recognized or
				  certified negotiating unit;
(c)
				  officers and employees excluded from representation rights under article 14 of
				  the Civil Service Law pursuant to rules or regulations of the Public Employment
				  Relations Board;
(d) officers and
				  employees whose salaries are prescribed by section
				  19 of the
				  Correction Law; and
(e) officers
				  and employees whose salaries are provided for by subdivision 1 of section
				  215 of the
				  Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.4 - Program administration

Current through Register Vol. 46, No. 28, July 10, 2024
The Governor's Office of Employee Relations (GOER) will
					 develop and issue guidelines for program operation, including specifics on
					 nominations, judging criteria, selection process, etc. Agencies will establish
					 committees to review nominees' achievements and make recommendations of award
					 recipients and award amounts to the agency head.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.5 - Award criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Special
				  achievements shall include, but are not limited to, individual or team efforts
				  that result in new products or services, improvements in quality of service to
				  the public, increase in revenue to the State, savings in time or operational
				  costs, positive changes in the image or reputation of the agency or the State,
				  improvement in morale, etc. It is not necessary for eligible achievements to
				  have been accomplished on an individual's own time. An employee may or may not
				  have devoted unpaid hours to the achievement for which he or she is
				  nominated.
(b) Although such
				  achievements must reasonably have been completed or the bulk of the work done
				  during the specified program year (to be defined by program guidelines), they
				  may also represent the culmination of efforts during an individual's entire
				  career.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.6 - Nomination process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nominations
				  will be made during a specific time period and decisions regarding award
				  recipients made in a timely fashion. GOER program guidelines will specify a
				  time period for submission of nominations.
(b) Nominations of employees may be made by
				  supervisors, colleagues or subordinates from within an agency, or by State
				  employees of another agency. Nominators need not be M/C's. Individuals may also
				  nominate themselves.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.7 - Selection process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An agency
				  review committee, consisting generally of three to five individuals appointed
				  by the agency head, shall evaluate all nominations in an objective manner and
				  shall make recommendations to the agency head regarding selection of award
				  recipients and determination of award amounts. In particular, every effort
				  shall be made to consider employees at all M/C levels and in all agency offices
				  and facilities. The committee may request further information regarding the
				  achievement before making an award determination.
(b) Awards must be based upon demonstrable
				  records of achievement. The considerations, criteria, and reasons for a
				  decision to make or not to make an award should be communicated by the
				  committee to the agency head, who shall make the final determination as to the
				  number of awards and the dollar value of each.
(c) There is no appeal from an award decision
				  by the agency head; nominations may, however, be resubmitted in the following
				  year(s), if they continue to meet eligibility criteria.
(d) GOER will not participate in the
				  selection process, but will provide overall direction and evaluation of the
				  program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.8 - Award amounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During each
				  fiscal year an amount equal to one tenth of one percent of the total M/C
				  payroll of each agency (total basic annual salaries of the eligible employees
				  on March 31st of the preceding fiscal year) shall be available for the payment
				  of Special Achievement Awards.
(b)
				  Award amounts for individuals shall be a minimum of $1,000 and are limited to a
				  maximum of $4,000. The total award for any team project (i.e., the sum of
				  individual awards) shall not exceed $10,000. Payments shall be lump-sum amounts
				  and shall not be part of an employee's basic annual salary, but shall be
				  included as compensation for retirement purposes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle O - Office of Employee Relations › Chapter II - General › Part 567 - Special Achievement Awards › Section 567.9 - Waiving the rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The specific provisions and limitations contained in this
					 Part may be waived by the Director of Employee Relations whenever he/she
					 determines that strict adherence to the rules would be detrimental to the sound
					 and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter I - Introduction and Definitions › Part 570 - Introduction; Definitions used in these Regulations › Section 570.1 - Statutes administered by the agency

Current through Register Vol. 46, No. 28, July 10, 2024
The agency administers the Adirondack Park Agency Act
					 (Executive Law, article 27), the Freshwater Wetlands Act (Environmental
					 Conservation Law, article 24) within the Adirondack Park and, for private lands
					 within the Adirondack Park, the Wild, Scenic and Recreational Rivers System Act
					 (Environmental Conservation Law, article 15, title 27).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter I - Introduction and Definitions › Part 570 - Introduction; Definitions used in these Regulations › Section 570.2 - Organization of these regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  These regulations should be read in conjunction with the Adirondack Park Agency
				  Act, the Freshwater Wetlands Act and the Wild, Scenic and Recreational Rivers
				  System Act.
(b) The statutes are
				  administered through (1) permit requirements and (2) restrictions applying
				  whether or not a permit is required, which must be adhered to unless a variance
				  is granted.
(c) The procedures for
				  determining whether a permit and/or variance is required are set forth in Part
				  571 of this Title.
(d) The
				  procedures for the review of permit and variance applications are set forth in
				  Parts 572 and 576 of this Title, respectively.
(e) The substantive permit and variance
				  requirements of the Adirondack Park Agency Act are separately set out in Parts
				  573-576 of this Title.
(f) Special
				  provisions relating to wild, scenic and recreational rivers and to freshwater
				  wetlands are set forth in Parts 577 and 578 of this Title,
				  respectively.
(g) These regulations
				  also contain provisions with respect to State agency projects (Part 579),
				  hearing procedures (Part 580), enforcement (Part 581), local and regional land
				  use planning (Parts 583 and 584), implementation of the State Environmental
				  Quality Review Act (Part 586), and implementation of the Freedom of Information
				  Law and Open Meetings Law (Part 587).