reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.8 - Protecting contacts when there is a significant risk of contracting or transmitting HIV infection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				division will seek to protect individuals in contact with protected
				individuals, when such contact creates a significant risk of contracting or
				transmitting HIV infection through the exchange of significant risk body
				substances, as defined by the Department of Health and in section
				8011.2(o) 
				of this Part.
(b) The following
				procedures will be adopted with respect to employees:
(1) Employees will be instructed to use
				universal precautions in situations where there is the potential for exchange
				of significant risk body substances as defined by the Department of Heath and
				in section
				8011.2(o) 
				of this Part.
(2) Appropriate
				protective clothing and equipment will be kept at an identified location at
				each work site.
(3) Each work site
				is to develop its own protocol, which is to be posted in areas accessible to
				all employees, for obtaining medical assistance for emergency
				situations.
(4) In the event of a
				work related potential exposure reported to the division (e.g., a needle
				stick), an employee involved in the potential exposure is to be referred to the
				employee health service for counseling and appropriate medical
				treatment.
(5) The division will
				promulgate risk reduction guidelines specific to the parole context and will
				ensure that all employees receive a copy of the guidelines and training with
				respect to the guidelines.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is judged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8200 - Definition And Applicability › Section 8200.1 - Definitions as used in this Subtitle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chairman shall mean the chairman of the
				Council on Children and Families.
(b) Council shall mean the Council on
				Children and Families.
(c)
				Executive director shall mean the executive director of the council.
(d) Member agency shall mean an agency headed
				by a member of the council, including the following: the State Commissioner of
				Social Services, the director of the Division for Youth, the Commissioner of
				Mental Hygiene, the Commissioner of Education, the State Director of Probation,
				and the executive director of the State Board of Social Welfare.
(e) Social services official shall mean a
				county commissioner of social services, a city commissioner of social services,
				a town social services officer or city social services officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8200 - Definition And Applicability › Section 8200.2 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of the council is to coordinate the efforts of State agencies providing
				services to children and families and to develop policy concerning these
				services.
(b) The council shall
				work towards the improvement of the State-local, public-voluntary system of
				social, educational, mental health and other supportive and rehabilitative
				services to children and family by strengthening:
(1) cooperation and coordination by and among
				State agencies, among State agencies and their local government counterparts,
				and among both public and voluntary local agencies to minimize the waste of
				public funds, duplication, gaps and overlaps in the availability and provision
				of services;
(2) accountability by
				the agencies, institutions and individuals responsible for providing services,
				management and research capacities for timely identification of deficiencies in
				the use of current resources or for the development of new approaches;
				and
(3) mechanisms to clarify the
				responsibilities of many State and local agencies involved in the provision or
				supervision of services to children and families, to resolve interagency
				conflicts in a timely manner and encourage greater efficiency in
				planning.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.1 - Definitions as used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall mean those records,
				documents or other data which are in the custody of the council.
(b) Payroll record shall mean an itemized
				record setting forth the name, business address, title and salary of every
				officer and employee of the council.
(c) Records access officer shall mean the
				executive secretary of the council or any other employee of the council
				designated by the executive director to receive and respond to inquiries to
				inspect for certifying the council payroll.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish the methods and
				  procedures governing the availability of records of the council, 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 DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				records access officer shall be the executive secretary of the council and
				shall be the custodian of the records of the council, other than the payroll
				record. Any person wishing to inspect and/or obtain a copy of such records,
				other than the payroll record, may make application to the records access
				officer. Such application shall be in writing on a form to be prescribed by the
				records access officer.
(b) The
				records access officer shall maintain a reasonably detailed current list, by
				subject matter, of all records in its possession, whether or not records are
				available pursuant to subdivision 2 of section 87  of the Public Officers Law. The subject
				matter list shall be sufficiently detailed to permit identification of the
				category of the record sought.
(c)
				The records access officer is responsible for insuring appropriate agency
				response to public requests for access to records. The designation of a records
				access officer shall not be construed to prohibit officials who have in the
				past been authorized to make records or information available to the public
				from continuing to do so. The records access officer shall insure that
				personnel:
(1) maintain an up-to-date subject
				matter list;
(2) assist the
				requester in identifying requested records, if necessary;
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; or
(ii)
				deny access to the records in whole or in part and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				8201.10; or
(ii) permit the requester to copy those
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) the council is not the custodian
				for such records; or
(ii) the
				records of which the council is a custodian cannot be found after diligent
				search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.4 - Fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				fiscal officer shall certify the payroll and respond to request for an itemized
				record setting forth the name, address, title and salary of every officer or
				employee of the agency.
(b) The
				fiscal officer shall make the payroll items listed above available to any
				person including bona fide members of the news media as required under section
				88(1)(g)(1),(i), and (10) of the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.5 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at the office of the New York State Council on Children and Families, Agency
				  Building #2, 2nd Floor, Albany, N.Y. 12223.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.6 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for public access to records
				shall be accepted and records produced during all hours regularly open for
				business.
(b) These hours are 9
				a.m. to 5:30 p. m., Monday-Friday.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.7 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records shall be in
				writing; however, the requirement of a written request may be waived by the
				records access officer for the convenience of the council upon a showing of
				hardship by the person seeking access.
(b) A response shall be given regarding any
				request reasonably describing the record or records sought within five business
				days of receipt of the request.
(c)
				A request shall reasonably describe the record or records sought. Whenever
				possible, a person requesting records should supply information regarding
				dates, file designations or other information that may help to describe the
				records sought.
(d) If the records
				access officer does not provide or deny access to the record sought within five
				business days of receipt of a request, he or she shall furnish a written
				acknowledgment of receipt of the request and a statement of the approximate
				date when the request will be granted or denied. If access to records is
				neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, the request may be construed as a
				denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.8 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
				writing stating the reasons therefor and advising the requester of the right to
				appeal to the appeals officer designated by the executive director.
(b) If requested records are not provided
				promptly, as required in section
				8201.7 
				of this Part, such failure shall also be deemed a denial of access.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.9 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				whose request for council records has been denied may appeal to the appeals
				officer designated by the executive director of the council, who is someone
				other than the records access officer, who shall decide all appeals from denial
				of access to records in accordance with the provisions of the Freedom of
				Information Law.
(b) All appeals
				shall be in writing, addressed to the appeals officer, and mailed or submitted
				to him within 30 business days after the receipt or denial of access to the
				requested records, or within 40 business days after the request is made if no
				response to the request has been received. Each such appeal shall contain at
				least the following information:
(1) the date
				or dates on which each such record was requested and the manner in which each
				was made;
(2) the record or records
				to which access was denied;
(3)
				whether the denial of access was:
(i) in
				writing, and if so, the date thereof; or
(ii) by failure to provide records, or to
				acknowledge receipt of a request therefor within the time specified in section
				8201.7 
				of this Part; and
(4)
				the date of the appeal and the name and address of the person making the
				appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8201 - Public Access To Records › Section 8201.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for inspection of records, search for records, or any
				certification pursuant to this Part.
(b) The fee for photocopies of records shall
				be 25 cents per page, except that the records access officer may waive the fees
				for the convenience of the agency or upon a showing of undue hardship by the
				requester.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8202 - Hard-to-place Children › Section 8202.1 - Definitions as used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hard-to-place child shall mean a child,
				under the age of 21, with one or more physical, mental, emotional or social
				disabilities, who has not received appropriate residential services after
				reasonable and diligent efforts have been taken to locate such
				services.
(b) Hard-to-serve child
				shall mean a child, under the age of 21, with one or more physical, mental,
				emotional or social disabilities who is able, with the assistance of services
				from multiple services providers, to remain in his or her own home, but who has
				been unable to secure services necessary to prevent or delay the need for a
				residential placement primarily because responsibility for the provision of or
				payment for services has not been established as between two or more State
				agencies and the local services providers or payors subject to their
				jurisdiction.
(c) Residential
				services shall mean 24-hour care, in a facility or program away from the
				child's home, operated, licensed, certified or authorized by a member agency of
				the council.
(d) Review shall mean
				a meeting of agencies, departments and persons convened by the executive
				director to expedite and clarify residential services decisions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8202 - Hard-to-place Children › Section 8202.2 - Requests for assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				council shall accept written requests for assistance to locate residential
				services for a hard-to-place child from any person, agency or department
				responsible for the care of such child.
(b) A written request for assistance to
				locate residential services pursuant to this Part shall include the following:
(1) name of the child who is the subject of
				the request;
(2) date of birth of
				such child;
(3) residence and
				current address of such child;
(4)
				name and residence or address of the parent or guardian of such
				child;
(5) name and residence or
				address of the person, agency or department making the request;
(6) description of the child's residential
				services need or needs;
(7) all
				available records, reports and evaluations relating to the child's need or
				needs for residential services, including but not limited to:
(i) placement history;
(ii) educational history;
(iii) medical history;
(iv) social history;
(v) psychological assessment; and
(vi) psychiatric assessment;
(8) documentation of the
				reasonable and diligent efforts taken prior to the request for assistance to
				locate residential services for the hard-to-place child. Such documentation
				shall include the name and address of persons, agencies and departments
				contacted to locate residential services, and the barriers or reasons for the
				inability to receive such services; and
(9) written authorization from the child's
				parent or guardian consenting to the council receiving and releasing certain
				information for the purpose of locating residential services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8202 - Hard-to-place Children › Section 8202.3 - Resolution of disputes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				there is a dispute as to the appropriate agency or program in which a
				hard-to-place child should be placed, or from which a hard-to-place child or
				hard-to-serve child and his or her family should receive services, the council,
				by and through direct member agencies to provide evaluation of the child and
				his or her family, including a diagnostic study, and following such study may
				take the following action:
(1) order the
				placement of the child with a member agency empowered by law to care for
				children;
(2) order the placement
				of the child with a social services official;
(3) order a member agency to provide services
				to the child and his or her family; or
(4) direct member agencies to require the
				provision of services to the child and his or her family through the exercise
				of their supervisory powers over local officials and agencies as may be
				necessary to resolve the dispute.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8202 - Hard-to-place Children › Section 8202.4 - Action by council not a condition precedent to judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
A request for assistance or the resolution of a dispute
				  pursuant to this Part shall not be required as a condition precedent to the
				  initiation of a proceeding pursuant to article 78 of the Civil Practice Law and
				  Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.1 - Definitions as used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) CYIMIS shall mean the Children and Youth
				Interagency Management Information System.
(b) Data subject shall mean a person about
				whom information has been collected by a participating agency.
(c) Participating agency shall mean a State
				agency which supplies information concerning a data subject to the council for
				inclusion in CYIMIS.
(d) Individual
				identifying data shall mean information concerning a data subject which reveals
				the identity of the data subject.
(e) Client specific data shall mean
				information pertaining to one data subject.
(f) Aggregate data shall mean information
				summarizing the characteristics of a group of individual records from which
				neither individual identifying data nor client specific data can be
				ascertained.
(g) Direct access
				shall mean the ability to withdraw data from the CYIMIS data base through
				electronic means, or to enter the secured area where CYIMIS data are stored for
				the purpose of withdrawing data.
(h) Encoded child data elements shall mean
				the encoded last name, the last four digits of a data subject's social security
				number and the participating agency client identification number.
(i) Encoded last name shall mean a code
				derived from a data subject's last name which is encoded by a participating
				agency before being furnished to the council.
(j) Participating agency client
				identification number shall mean a code assigned by a participating agency to a
				data subject before being furnished to the council.
(k) Participating agency identification
				number shall mean a code assigned by the council which identifies a
				participating agency.
(l) Council
				internal identification number shall mean a code assigned by the council to
				client-specific data.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.2 - Collection of data

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The council
				shall receive from participating agencies only those data which are relevant
				and necessary to accomplish the intended purposes of CYIMIS as such purposes
				are set forth in Executive Law, section 445.
(b) The council shall not collect individual
				identifying data. The council shall use encoded child data elements and council
				internal identification numbers to identify data subjects.
(c) All data shall be collected subject to
				applicable confidentiality statutes and regulations of the participating
				agencies.
(d) The council shall not
				collect data directly from any data subject.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.3 - Contents of data

Current through Register Vol. 46, No. 28, July 10, 2024
(a) CYIMIS data
				shall be updated monthly.
(b) The
				council shall respond promptly to alleged errors in CYIMIS data brought to the
				council's attention. If the council determines that there is an error and that
				the council is responsible for such error, the council shall promptly take
				corrective action. If the council determines that there is an error and that
				the council is not responsible for such error, the council shall notify the
				participating agency which furnished the CYIMIS data of the alleged
				error.
(c) The council shall
				respond promptly to all corrections from participating agencies.
(d) Systematic and periodic audits shall be
				performed to ensure the accuracy and integrity of all CYIMIS data. Corrective
				action shall be promptly taken when errors or inaccuracies are
				discovered.
(e) Duplicate data
				tapes shall be created to protect against the loss of data due to mechanical
				failures, accidents or other emergencies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.4 - Data distribution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Data
				furnished by a participating agency to the council shall be available to such
				participating agency.
(b) Aggregate
				data shall be public information unless the council determines that access to
				such data would make the identity of a data subject easily traceable.
(c) The council shall respond to requests for
				individual identifying data by notifying the requester that CYIMIS does not
				maintain individual identifying data and that such data cannot be retrieved
				from CYIMIS.
(d) The date of the
				last update, performed by the participating agency, of the data submitted to
				the council shall appear on all data distributed to agencies or
				persons.
(e) The council shall keep
				an accounting of the data, nature and purpose of each distribution of data, and
				the name and address of the agency or person to whom data are
				distributed.
(f) All requests for
				data shall be in writing and in a format specified by the council.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.5 - Removal of coded identifiers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The encoded child data elements shall be
				removed for each data subject within one month of the data subject's 25th
				birthday.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.6 - Commitment to confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Only authorized council personnel shall have direct access to CYIMIS data. All
				such personnel shall be informed of, trained in and updated on the
				confidentiality laws, policies and practices of CYIMIS.
(b) All contractors involved with CYIMIS
				shall enter into a written agreement with the council requiring the contractor
				to comply with the same confidentiality laws, policies and practices as the
				council.
(c) Any person willfully
				violating or failing to comply with any provisions related to confidentiality
				contained in this Part shall be guilty of a misdemeanor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle DD - Council on Children and Families › Part 8203 - Children And Youth Interagency Management Information System Confidentiality Standards › Section 8203.7 - Security safeguards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Hardware installations, remote terminals and physical files shall be maintained
				in secured areas.
(b) Direct access
				to CYIMIS data through electronic means shall require the use of a user
				code.
(c) Audit trails shall be
				performed to document all data entry and inquiry activity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decision-making and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) These
				regulations provide information concerning the procedures by which records may
				be obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law and those which were furnished to the public prior to its
				enactment.
(d) Any conflicts among
				laws governing public access to records shall be construed in favor of the
				widest possible availability of public records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.2 - Designation of records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State Director of Veterans' Affairs
				is responsible for insuring compliance with the regulations in this Part, and
				designates the following persons as records access officers:
Executive Deputy Director
Division of Veterans' Affairs
Agency Building 2
Empire State Plaza
Albany, N.Y. 12223
Chief Account Clerk
Division of Veterans' Affairs
Agency Building 2
Empire State Plaza
Albany, N.Y. 12223
(b) Records access officers are responsible
				for insuring appropriate agency response to public requests for access to
				records. However, the public shall not be denied access to records through
				officials who have in the past been authorized to make records or information
				available.
(c) Records access
				officers shall assure that personnel:
(1)
				maintain an up-to-date subject matter list;
(2) assist the requester in identifying
				requested records, if necessary;
(3) upon locating the records, take one of
				the following actions in accordance with section
				8450.8(b) 
				of this Part:
(i) make records promptly
				available for inspection; or
(ii)
				deny access to the records in whole or in part, and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				8450.10  of this Part;
				or
(ii) permit the requester to
				copy those records;
(5)
				upon request, certify that a transcript is a true copy of records copied;
				and
(6) upon failure to locate
				records, certify that:
(i) the New York State
				Division of Veterans' Affairs is not the legal custodian for such records;
				or
(ii) the records of which the
				New York State Division of Veterans' Affairs is a legal custodian, after
				diligent search, cannot be found.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.3 - Designation of fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Chief Account Clerk, Division of Veterans' Affairs, Empire State Plaza, Albany,
				N.Y., is designated the fiscal officer, who shall certify the payroll and
				respond to requests, in accordance with section
				8450.6(b) 
				of this Part, for an itemized record setting forth the name and address, title
				and salary of every officer or employee of the agency.
(b) The fiscal officer shall make the payroll
				items listed above available to any person, including bona fide members of the
				news media as required under paragraphs (1)(g) and (1)(i), and subdivision
				(10), of section 88 of the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.4 - Records available for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) War bonus payment records (except
				individual bonus applications).
(b)
				Research, publicity and statistical reports prepared by division
				staff.
(c) Final opinions made in
				the adjudication of blind annuity applications made for a World War II
				bonus.
(d) Statements of policy and
				interpretation adopted by the division, including any documents, memoranda,
				data or other material constituting statistical or factual tabulations which
				led to the formulation thereof.
(e)
				Minutes of meetings.
(f) Internal
				or external audits and statistical or factual tabulations.
(g) Administrative staff manuals and
				instructions to staff that affect members of the public.
(h) Any other files, records, papers or
				documents required by any other provision of law to be made available for
				public inspection and copying.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.5 - Records not available for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
The records enumerated in this section shall not be available
				  for public inspection unless the person on whose behalf these records are kept,
				  or his duly authorized representative, signs a notarized release permitting
				  such disclosure.
(a) Division
				personnel files.
(b) Blind annuity
				case folders.
(c) Individual case
				folders.
(d) War bonus
				applications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.6 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at:
Division of Veterans' Affairs
13th Floor, Agency Building 2
Empire State Plaza
Albany, NY 12223
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.7 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours regularly open for business. These hours are:
				  8:30 a.m. to 4:30 p.m.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.8 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a request for records is required,
				such request may be oral or in writing. However, written requests shall not be
				required for records that have been customarily available without written
				request.
(b)
(1) Except under extraordinary circumstances,
				officials shall respond to a request for records not more than five business
				days after receipt of the request, whether the request is oral or in
				writing.
(2) If, because of
				extraordinary circumstances, more than five business days are required to
				respond to a request, receipt of the request shall be acknowledged within five
				business days after the request is received. The acknowledgment shall state the
				reason for delay and estimate the date when a reply will be made.
(3) If access to records is neither granted
				nor denied within 10 days after the date of acknowledgment of receipt of a
				request, action or inaction may be construed as a denial of access that may be
				appealed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.9 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
				writing, stating the reason therefor and advising the requester of the right to
				appeal to the individual or body established to hear appeals.
(b) If the requested records are not provided
				promptly, as required in section
				8450.6(b) 
				of this Part, such failure shall also be deemed a denial of access.
(c) The following person or persons or body
				shall hear appeals for denial of access to records under the Freedom of
				Information Law:
The State Director of Veterans' Affairs
2 World Trade Center
New York, NY 10047
Telephone: 488-3787
(d) The time for deciding an appeal by the
				individual or body designated to hear appeals shall commence upon receipt of
				written appeal identifying:
(1) the date of
				the appeal;
(2) the date and
				location of the request for records;
(3) the records to which the requester was
				denied access;
(4) whether the
				denial of access was in writing or was by failure to provide records promptly
				as required by section
				8450.6(b) 
				of this Part; and
(5) the name and
				return address of the requester.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) inspection of
				records;
(2) search of records;
				or
(3) any certification pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.11 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing: the job title or name and business
				  address of the records access officers and fiscal officer; the name, job title,
				  business address and telephone number of the appeal person or persons or body;
				  and the location where records can be seen or copied-shall be posted in a
				  conspicuous location wherever records are kept and/or published in a local
				  newspaper of general circulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle GG - Division of Veteran's Affairs › Part 8450 - Public Access To Records › Section 8450.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8500 - Definition And Applicability › Section 8500.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Director shall
				mean the Director of the Office of Business Permits.
(b) Permit shall mean the whole or part of
				any State agency permit, license, certificate, approval, registration, charter,
				or similar form of permission required by law or by State agency rules and
				regulations having the force and effect of law.
(c) State agency shall mean any department,
				board, bureau, commission, division, office, council or agency of the State, or
				a public benefit corporation or public authority at least one of whose members
				is appointed by the Governor.
(d)
				Office shall mean the Office of Business Permits.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8500 - Definition And Applicability › Section 8500.2 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the office is to provide comprehensive permit
				  information, one-stop service for permit applicants, and the coordination of
				  permit processing and review.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				mean those records, documents or other data which are in the custody of the
				office.
(b) Payroll record shall
				mean an itemized record setting forth the name, business address, title and
				salary of every officer and employee of the office.
(c) Records access officer shall mean the
				Director of Program Planning and Administration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish the methods and
				  procedures governing the availability of records of the office, 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 HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				records access officer shall be the Director of Program Planning and
				Administration and shall be the custodian of the records of the office. Any
				person wishing to inspect and/or obtain a copy of such records may make
				application to the records access officer. Such application shall be in writing
				on a form to be prescribed by the records access officer.
(b) The records access officer shall maintain
				a reasonably detailed current list, by subject matter, of all records in the
				office's possession, whether or not records are available pursuant to
				subdivision 2 of section 87  of the Public Officers Law. The subject
				matter of the list shall be sufficiently detailed to permit identification of
				the category of the record sought.
(c) The records access officer is responsible
				for ensuring appropriate agency response to public requests for access to
				records. The records access officer shall ensure that personnel:
(1) maintain an up-to-date subject matter
				list;
(2) assist the requester in
				identifying requested records, if necessary;
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; and
(ii)
				access to the records in whole or in part and explain in writing the reason
				therefor;
(4) upon
				request for copies of records:
(i) make a
				copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				8501.9  of this Part;
				or
(ii) permit the requester to
				copy those records;
(5)
				upon request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) the office is not the custodian for
				such records; or
(ii) the records
				of which the office is a custodian cannot be found after a diligent
				search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.4 - Fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				fiscal officer shall certify the payroll and respond to requests for an
				itemized record setting forth the name, address, title and salary of every
				officer or employee of the agency.
(b) The fiscal officer shall be the custodian
				of the payroll record of the office. Any bona fide member of the news media
				wishing to inspect and/or obtain a copy of such payroll record may make
				application to the fiscal officer in writing on forms prescribed by the
				Comptroller. Application to inspect and/or obtain a copy of such payroll record
				shall be made to the fiscal officer by the member personally on any business
				day during regular business hours at the office of the fiscal officer. Upon
				receipt of such an application, in the proper form and at the appropriate time,
				and upon production by such member of appropriate identification, the fiscal
				officer shall search for and produce for inspection the payroll record. If the
				member requests a copy of such payroll record, the fiscal officer shall provide
				him with one. The payroll record shall be available to persons other than bona
				fide members of the news media to the extent required by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.5 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at the offices of the New York State Office of Business Permits, Alfred E.
				  Smith Office Building, 17th Floor, Albany, NY 12225.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.6 - Hours of public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Requests for public access to records shall be accepted and records produced
				during all hours regularly open for business.
(b) These hours are 9 a.m. to 5:30 p.m.,
				Monday through Friday.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.7 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records shall be in
				writing; however, the requirements of a written request may be waived by the
				records access officer for the convenience of the office upon a showing of
				hardship by the person seeking access.
(b) A response shall be given regarding any
				request reasonably describing the record or records sought within five business
				days of receipt of the request.
(c)
				A request shall reasonably describe the record or records sought. Whenever
				possible, a person requesting records should supply information regarding
				dates, file designation or other information that may help to describe the
				records sought.
(d) If the records
				access officer does not provide, or denies access to, the record sought within
				five business days of receipt of a request, he or she shall furnish a written
				acknowledgment or receipt of the request and a statement of the approximate
				date when the request will be granted or denied. If access to records is
				neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, the request may be construed as a
				denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.8 - Denial of access to records and appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
				writing stating the reasons therefor and advising the requester of the right to
				appeal to the appeals officer who shall be the Deputy Director, Office of
				Business Permits, 17th Floor, Alfred E. Smith Office Building, Albany, N.Y.
				12225. The appeals officer shall decide all appeals from denial of access to
				records in accordance with the provisions of the Freedom of Information
				Law.
(b) All appeals shall be in
				writing, addressed to the appeals officer, and mailed or submitted to him
				within 30 business days after the receipt or denial of access to the requested
				records, or within 40 business days after the request is made if no response to
				the request has been received. Each such appeal shall contain at least the
				following information:
(1) the date or dates
				on which each such record was requested and the manner in which each was
				made;
(2) the record or records to
				which access was denied;
(3)
				whether the denial of access was:
(i) in
				writing, and if so, the date thereof; or
(ii) by failure to provide records, or to
				acknowledge receipt of a request therefor within the time specified in section
				8501.7 
				of this Part; and
(4)
				the date of the appeal and the name and address of the person making the
				appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8501 - Public Access To Records › Section 8501.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for inspection of records, search for records, or any
				certification pursuant to this Part.
(b) The fee for photocopies of records shall
				be 25 cents per page, except that the records access officer may waive the fee
				for the convenience of the office or upon a showing of hardship by the
				requester.