reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.3 - Applications for geographic area pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a geographic area pay differential may be
				  filed by an employee, employee representative or appointing officer. Such
				  application shall be submitted on a form prescribed by the Director of
				  Classification and Compensation, which shall require, but not be limited to,
				  the following information:
(a) the
				official title of the occupation or occupations for which the differential is
				requested;
(b) a delineation of the
				area or location for which the differential is requested;
(c) the amount of the differential
				requested;
(d) factual salary data
				of such a nature as to reasonably support the assertion that salaries paid for
				the occupation or occupations in the area or areas for which the geographic
				area pay differential is requested, in private or other nonstate employment,
				substantially exceed salaries paid by the State and salaries in private or
				other nonstate employment for the same or similar occupation or occupations
				generally in the State; and
(e)
				such other pertinent information as may be required by the Director of
				Classification and Compensation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.4 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to paragraph (b) of subdivision 5 of section 130  of
				  the Civil Service Law, an employee, employee representative, or appointing
				  officer aggrieved by a determination of the Director of Classification and
				  Compensation may appeal from such determination to the Civil Service
				  Commission. Such appeal must be made within 60 days after receipt of written
				  notice of such determination. Determinations of the Civil Service Commission
				  shall be subject to the same conditions, restrictions and limitations provided
				  by law and the implementing rules which govern determinations by the Director
				  of Classification and Compensation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.5 - Applications for geographic area pay differentials not favorably considered

Current through Register Vol. 46, No. 28, July 10, 2024
An application filed with the Director of Classification and
				  Compensation shall not receive favorable consideration by him under the
				  provisions of subdivision 5 of section 130  of the Civil Service Law in any case
				  in which the application is based essentially upon:
(a) a comparison of the State salary for an
				occupation with salaries being paid for the similar occupation by private
				industry or other nonstate employers throughout the State, without reference to
				a particular geographic area;
(b) a
				comparison of the State salary for an occupation with salaries being paid for
				the same or a similar occupation by private industry or other nonstate
				employers outside the State;
(c) a
				comparison of salaries being paid for an occupation by private or other
				nonstate employers in one geographic area of the State without reference to the
				salaries being paid for the same or a similar occupation by private or other
				nonstate employers generally in the State; or
(d) other matters or considerations provided
				for under sections 120 and 121  of the Civil Service Law or which are otherwise
				reviewable pursuant to law or any rules or regulations having the force and
				effect of law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.6 - Termination of geographic area pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
A geographic area pay differential shall be
				  terminated:
(a) for an employee when
				he ceases to be employed in the area or occupation for which the differential
				was authorized; or
(b) for an
				occupation when the Director of Classification and Compensation, with approval
				of the Director of the Budget, determines that the substantially higher private
				or nonstate wage rate in the area where the differential has been paid no
				longer exists. Employees who on April 1, 1979 are receiving additional
				compensation, as a result of a previous determination to authorize a geographic
				area pay differential, shall continue to receive such additional compensation
				while employed in the position for which such differential was
				authorized.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.7 - Review of geographic area pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of Classification and Compensation may, at his
				  discretion, review existing geographic area pay differentials with reference to
				  need or appropriateness and make such changes as may be warranted, subject to
				  the approval of the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Subdivisions 5 and 6 of section 130  of the Civil Service Law were added by
				chapter 794 of the Laws of 1967. Under subdivision 6, the director of the
				Division of Classification and Compensation may, subject to the approval of the
				Director of the Budget, authorize payment of additional salary, hereinafter
				called a shift pay differential, to employees regularly assigned to work on a
				shift other than a normal day shift in given occupations under certain
				specified conditions.
(b) The
				purpose of authorizing a shift pay differential is to enable the State to
				attract and retain competent personnel in occupations and in areas of the State
				for and in which wage practices among private and other nonstate employers
				warrant such action, without having to raise the basic salary for the
				occupation on a statewide scale and without having to establish a higher rate
				of pay than is generally paid in the State for the same occupation.
(c) A shift pay differential is not intended
				to be, nor should it be construed to be, a substitute for general salary
				adjustments.
(d) A shift
				differential cannot be authorized simply because the hours of employment are
				different from those which constitute a normal day shift.
(e) The law specifies that a shift pay
				differential shall be in addition to, and not a part of, an employee's basic
				annual salary.
(f) A shift pay
				differential may be terminated or changed by action of the director of the
				Division of Classification and Compensation, subject to approval of the
				Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.1 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of these regulations, certain terms used in
				  subdivision 6, section 130  of the Civil Service Law are defined as
				  follows:
(a) Shift other than a normal
				day shift. A tour of duty, four or more hours of which fall between 6 p.m. and
				6 a.m.
(b) Prevailing wage
				practices. Refers to the wage rates paid by a significant number of employers
				in one or more areas of the State who employ substantial numbers of workers on
				two or more shifts, including a normal day shift, in a given
				occupation.
(c) Given occupation.
				An occupation or occupations in private or other nonstate employment.
(d) Same or related occupations in the State
				service. Class (title) or series of classes in State service having duties and
				responsibilities substantially the same as those of the given
				occupation.
(e) Regularly assigned.
				Scheduled to work a shift other than a normal day shift on a basis other than a
				temporary basis.
(f) Particular
				geographic area. Consists of an identifiable place in the State, as specified
				by the Director of Classification and Compensation, on the basis of
				geographical or other physical boundaries, with reference to the particular
				occupation involved and to related labor market considerations.
(g) Pay differential. The additional salary
				(a shift pay differential) authorized by the Director of the Division of
				Classification and Compensation pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.2 - Authority of the director of classification and compensation to initiate shift pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of Classification and Compensation may, on his
				  own initiative, subject to the approval of the Director of the Budget,
				  authorize a shift pay differential for any class (title) or series of classes
				  in one or more areas of the State in accordance with the provisions of
				  subdivision 6 of section 130  of the Civil Service Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.3 - Authority of the director of classification and compensation to authorize shift pay differentials on an area basis and of varying amounts

Current through Register Vol. 46, No. 28, July 10, 2024
When the Director of Classification and Compensation finds
				  that in a particular geographic area or areas wage practices prevailing among
				  private and other non-State employers for a given occupation would warrant a
				  shift pay differential for employees in the same or related occupations in the
				  State service without, however, any substantiating evidence that such wage
				  practices are prevailing on a Statewide basis, he may, after a hearing which
				  shall afford the employees affected or their representatives an opportunity to
				  appear and be heard, authorize a shift pay differential, subject to the
				  approval of the Director of the Budget, for such same or related occupations in
				  State service in one or more geographic areas which may vary among geographic
				  areas and among work shifts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.4 - Applications for shift pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a shift pay differential may be filed by
				  an employee, employee representative or appointing officer. Such application
				  shall be submitted on a form prescribed by the Director of Classification and
				  Compensation, which shall require, but not be limited to, the following
				  information:
(a) The official title of
				the occupation or occupations for which the differential is
				requested.
(b) The time of
				commencement and the time of completion of the work shift to which the
				application pertains and, if applicable, a delineation of the geographic area
				or areas of the State for which the shift pay differential is
				requested.
(c) Salary and other
				pertinent data of such a nature as to reasonably support the assertion that in
				the area or areas to which the application pertains it is the prevailing
				practice among private and other non-State employers to pay employees who work
				on an equivalent shift and in an occupation which is the same as or related to
				that for which the application is made a higher rate of compensation than is
				paid to employees performing the same class of work during the normal day
				shift.
(d) The source or sources of
				the salary data and facts pertaining to rates of pay, amounts of differential
				pay, hours of work and other information required under this section.
(e) Factual data of such a nature as to
				reasonably substantiate that the duties and responsibilities of employees who
				work on the shift for which the differential is sought are at least comparable
				to the duties and responsibilities of employees in the same occupation who work
				on the normal day shift.
(f) Such
				other pertinent information as may be required by the Director of
				Classification and Compensation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.5 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to paragraph b of subdivision 5 of section 130  of
				  the Civil Service Law, an employee, employee representative, or appointing
				  officer aggrieved by a determination of the Director of Classification and
				  Compensation may appeal from such determination to the Civil Service
				  Commission. Such appeal must be made within 60 days after receipt of written
				  notice of such determination. Determinations of the Civil Service Commission
				  shall be subject to the same conditions, restrictions and limitations provided
				  by law and implementing rules which govern determnations by the Director of
				  Classification and Compensation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.6 - Applications for shift pay differentials not favorably considered

Current through Register Vol. 46, No. 28, July 10, 2024
An application filed with the Director of Classification and
				  Compensation shall not receive favorable consideration by him under the
				  provisions of subdivision 5 of section 130  of the Civil Service Law in any case
				  when the application is based essentially upon:
(a) a comparison between salaries paid for a
				given occupation and those paid for the same or related occupations in the
				State service without reference to the payment of a higher rate of pay for work
				on a shift other than a normal day shift; or
(b) a comparison between salaries paid for a
				given occupation and those paid for the same or related occupations in the
				State service in cases where the basic salaries plus the shift differentials
				being paid for the given occupation are approximately the same as or less than
				the basic salary range for the same or related occupation in the State service;
				or
(c) a comparison between
				salaries paid for a given occupation outside the State and those paid for the
				same or related occupations in the State service; or
(d) other matters or considerations provided
				for under sections 120 and 121  of the Civil Service Law or which are otherwise
				reviewable pursuant to law or any rules or regulations having the force and
				effect of law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.7 - Amount and payment of shift pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of a shift pay differential shall be determined by
				  the Director of Classification and Compensation, with the approval of the
				  Director of the Budget. In cases where the amount of the shift pay differential
				  for a given class of work is not the same for all shifts other than the normal
				  day shift, employees will be paid the amount of differential which has been
				  authorized for work on the shift to which they are regularly assigned as
				  defined in 143.1 (e) above. An employee re-assigned to work regularly on
				  another shift for which a different shift pay differential has been authorized
				  shall be paid the amount of the shift pay differential authorized for work on
				  the shift to which he is so re-assigned.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.8 - Termination of shift pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
A shift pay differential shall be terminated:
(a) for an employee when he ceases to be
				employed on the work shift, in the occupation, or in the geographic area if
				applicable, for which such differential was authorized, or
(b) for an occupation, shift or area, when
				the Director of Classification and Compensation, with approval of the Director
				of the Budget, determines that the basis for providing a shift pay differential
				for such occupation, shift or area no longer exists.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 143 - Shift Pay Differentials › Section 143.9 - Review of shift pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of Classification and Compensation may, at his
				  discretion, review existing shift pay differentials with reference to need or
				  appropriateness and make such changes as may be warranted, subject to the
				  approval of the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 144 - Holiday Compensation › Section 144.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 158 of the Laws of 1970 provides that employees in
				  any title or individual position or positions who are entitled to time off with
				  pay for days observed as a holiday by New York State as an employer and who are
				  required to work on such holidays may be granted additional compensation for
				  such work pursuant to regulations promulgated by the Director of the Budget.
				  The attendance rules for employees in New York State departments and
				  institutions and the rules and regulations for overtime compensation, when
				  applicable, should be considered in conjunction with these regulations. It is
				  the policy of the State that such work will be held to a minimum consistent
				  with the need to maintain essential services to the public. In no event will an
				  employee be entitled to holiday compensation pursuant to this Part unless such
				  work has been properly authorized.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 144 - Holiday Compensation › Section 144.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) A holiday shall mean any day observed as
				a holiday by the State as an employer on which an employee is entitled to time
				off with pay or for which an employee is entitled to compensatory time
				off.
(b) An eligible officer or
				employee shall mean any officer or employee of the State, other than an
				employee subject to the provisions of section 136  of the Civil Service Law or
				sections 4307 or 4354  of the Education Law, who is entitled to time off with
				pay on a holiday and who is:
(1) in the
				Administrative Services Unit, the Institutional Services Unit, the Operational
				Services Unit, the Professional, Scientific and Technical Services Unit, or the
				Security Services Unit, as established pursuant to article 14 of the Civil
				Service Law; or
(2) in salary grade
				22 or below, or is paid at the salary level of salary grade 22 or below, and is
				designated as a management/confidential employee; or
(3) holding a position by appointment or
				employment in the organized militia of the State and is in salary grade 22 or
				below, or is paid at the salary level of salary grade 22 or below.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 144 - Holiday Compensation › Section 144.2 - Authorization for holiday work

Current through Register Vol. 46, No. 28, July 10, 2024
Holiday work must be authorized in advance by the appointing
				  officer or his designated representative in order to be compensated pursuant to
				  this Part. The designated representative must be a management or confidential
				  employee not eligible for such holiday compensation. Each instance of the
				  performance of a service entailing holiday work must be approved individually.
				  When holiday work is authorized by a designated representative, the appointing
				  officer must be notified within 24 hours. The appointing officer shall provide
				  guidelines for future action by either agreeing with or questioning the
				  authorization. Notification of holiday work shall be forwarded to the Division
				  of the Budget at the close of the bi-weekly payroll period in which it is
				  authorized.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 144 - Holiday Compensation › Section 144.3 - Determination and computation of holiday compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Holiday compensation shall be provided
				eligible employees for the hours of work performed on a holiday as follows:
(1) in the case of employees eligible to earn
				overtime, for all hours worked on a holiday falling within or corresponding to
				the hours of work normally scheduled for such employees; or
(2) in the case of employees ineligible to
				earn overtime, for the first 7 1/2hours worked on a holiday in the case of an
				employee whose basic work schedule is 37 1/2 hours per week and the first eight
				hours worked on a holiday in the case of an employee whose basic work schedule
				is 40 hours per week.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 144 - Holiday Compensation › Section 144.4 - Waiver of cash compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				eligible employee may elect to waive cash holiday compensation payable pursuant
				to this Part and receive compensatory time off; such waiver may subsequently be
				revoked. The waiver or revocation must be executed and filed with the
				appropriate payroll agency on a form specified by that agency during the
				following time periods:
(1) in the case of an
				eligible officer or employee as defined by section
				144.1(b)(1) of
				this Part, during the time periods specified by the appropriate agreement then
				in effect between the State and an employee organization, or as specified by
				the Director of Employee Relations; or
(2) in the case of an eligible officer or
				employee as defined by section
				144.1(b)(2) and
				(3) of this Part, during a period each year
				as specified by the Director of the Budget; provided, however, an employee
				hired subsequent to such a period shall have the opportunity to file such a
				waiver at the time of appointment. Waivers in effect on April 1, 1972 shall
				remain in effect until revoked.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 144 - Holiday Compensation › Section 144.5 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The restrictions and limitations contained in this Part may
				  be waived pursuant to the provisions of law by the Director of the Budget
				  whenever he determines that strict adherence to the rules would be detrimental
				  to the sound and orderly administration of the State
				  government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.0 - 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 Division of the Budget 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 C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				  purposes of this Part:
(1) The term division
				  means the Division of the Budget.
(2) The term record or records means any
				  information kept, held, filed, produced or reproduced, in any physical form;
				  including but not limited to reports, statements, examinations, memoranda,
				  opinions, folders, files, books, manuals, pamphlets, forms, papers, designs,
				  drawings, maps, photos, letters, microfilms, computer tapes or discs, rules,
				  regulations and codes.
As used in this paragraph, the terms memoranda, reports,
					 statements, opinions, files, and papers do not generally include interagency or
					 intra-agency materials, except those that are statistical or factual
					 tabulations or data, instructions to staff that affect the public, or final
					 agency policy or determinations. Discussions of policy options and
					 recommendations are not statistical or factual tabulations, and are not
					 included in the definition of records.
(3) The term workday means any day except
				  Saturday, Sunday, a public holiday or a day on which the State Capitol is
				  otherwise closed for general business.
(4) The term director means Director of the
				  Budget.
(5) The term records access
				  officer means the deputy director designated by the director to receive and
				  respond to inquiries to inspect and copy records maintained by the
				  division.
(6) The term appeals
				  officer refers to the director or the executive deputy director, if the
				  director shall so designate, who shall hear appeals regarding denial of access
				  to records maintained by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.2 - Procedures for obtaining records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
				  records access officer shall be the custodian of the records of the division.
				  Any person wishing to inspect and/or obtain a copy of any record, may make
				  application to the records access officer. Applications shall be oral, or in
				  writing on a form to be prescribed by the records access officer. Blank forms
				  may be obtained from the records access officer either personally on any
				  workday in Room 113 of the State Capitol in Albany, or by mail, addressed to
				  that office, as the records access officer may specify on the application form.
				  Upon receipt of a request, the records access officer shall search for the
				  record requested. If the records access officer determines that the record
				  requested is not in his custody, the records access officer shall advise the
				  applicant, as the case may be:
(i) that the
				  record requested is not in his custody;
(ii) that the record does not
				  exist;
(iii) that the record is in
				  the custody of another specified agency; or
(iv) that the records of which the agency is
				  a custodian cannot be found after a diligent search.
If the records access officer determines that the record
					 requested is in his custody, the records access officer shall either produce
					 the record for inspection at his office (and, if so requested and upon payment
					 of the appropriate fee, shall make and certify a copy of the record), or advise
					 the applicant, in writing, as provided in section
					 145-1.6 of this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.3 - List of records

Current through Register Vol. 46, No. 28, July 10, 2024
On behalf of the division, the records access officer shall
					 maintain and make available for inspection and copying at his office a current
					 list, reasonably detailed by subject matter, of the types of records produced,
					 filed and kept in the division. This list shall be in conformity with
					 regulations promulgated by the Committee on Open Government, and will be
					 updated twice a year. Any person desiring a copy of the list may request a copy
					 personally or by mail and one shall be supplied.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.4 - Fees for copies of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Existing fees. The current fees for
				  copies of materials published by the division shall remain in effect.
(b) Except as provided in subdivision (a) of
				  this section, the fee for photocopies of records shall be 25 cents per page not
				  exceeding 9 x 15 inches in size. The fee for other types of copies or
				  transcripts shall be a reasonable amount to cover actual reproduction costs, as
				  established by the records access officer. Notwithstanding the above, the
				  records access officer may, at his discretion, waive all or any portion of the
				  fees authorized by this section for any record or class of records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.5 - Prevention of invasions of privacy

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of subdivision 2 of
					 section 89  of the Public Officers Law and in conformity with guidelines
					 promulgated by the Committee on Open Government regarding the prevention of
					 unwarranted invasions of personal privacy, the records access officer may
					 delete from any record identifying details, the disclosure of which would
					 result in an unwarranted invasion of personal privacy prior to making such
					 record available for inspection and/or copying. In the event that one deletion
					 or more is so made from any document, the records access officer shall provide
					 written notice of that fact to the person given access to the
					 record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.6 - Grant or denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
If the records access officer determines that an
					 application to inspect and/or copy records pertains to information specifically
					 exempted from disclosure by subdivision 2 of section 87  of the Public Officers
					 Law, he shall deny such application. If the materials requested do not fall
					 under the categories enumerated in subdivision 2 of section 87  of the Public
					 Officers Law, the records access officer will grant the application. In denying
					 any application to inspect and/or copy records, the records access officer
					 shall indicate reasons for denial in writing, and shall advise the applicant in
					 writing of his right to appeal the denial to the appeals
					 officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.7 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any person whose application to inspect and/or copy records
					 has been denied pursuant to section
					 145-1.6 of this Subpart may appeal
					 the denial to the appeals officer at his office at the State Capitol in Albany.
					 The appellant will be provided with the appeals officer's full name, business
					 address and business telephone number. Appeal must be made within 30 days of
					 denial, in writing, and must set forth: the name and address of the applicant,
					 the specific record(s) requested, the date of the denial, and the reasons given
					 for such denial. The appeals officer shall, upon receipt of a written appeal,
					 immediately forward a copy of the appeal to the Committee on Public Access to
					 Records and review the matter and affirm, modify or reverse the denial. If the
					 appeals officer affirms or modifies the denial, he shall, within seven business
					 days of receipt of the appeal:
(a)
				  communicate his reasons for such affirmation or modification to the person
				  making the appeal; and
(b) inform
				  such person of his right to appeal the affirmation or modification under
				  article 78 of the Civil Practice Law and Rules. A copy of all decisions by the
				  appeals officer on appeals will also be forwarded to the Committee on Public
				  Access to Records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-1 - Public Access To Records › Section 145-1.8 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part will become effective on November 15,
					 1978.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to set forth the methods and
					 procedures governing the availability, location and nature of those records of
					 the Division of the Budget subject to the provisions of article 6-A of the
					 Public Officers Law, known as the Personal Privacy Protection Law, and the
					 rules of the Committee on Open Government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) DOB means Division of the
				  Budget.
(b) Data subject means any
				  natural person about whom personal information has been collected by an
				  agency.
(c) Personal information
				  means any data concerning a data subject which, because of name, number,
				  symbol, mark or other identifier, can be used to identify that data
				  subject.
(d) Records access officer
				  means the deputy director designated by the Director of the Budget to receive
				  and respond to inquiries to inspect and copy records maintained by the Division
				  of the Budget.
(e) Records access
				  appeals officer refers to the Director of the Budget or the Executive Deputy
				  Director, if the director shall so designate, whose business addresses are the
				  Division of the Budget, State Capitol, Albany, NY 12224.
(f) Records mean any item, collection or
				  grouping of personal information about a data subject which is maintained and
				  is retrievable by use of name or other identifier of the data subject. The term
				  record shall not include personal information not used to make a determination
				  about a data subject, such as:
(1) a telephone
				  book or directory;
(2) a card
				  catalog or other resource material in any library;
(3) mailing list information;
(4) personal information required by law to
				  be maintained, required by law to be used only for statistical research or
				  reporting purposes;
(5)
				  correspondence files; and
(6)
				  information requested by the Division of the Budget which is necessary to
				  answer unsolicited requests by the data subject for information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records access officer, as defined in
				  section 145-2.1 of this Subpart shall also
				  serve as the privacy compliance officer, whose business address is Division of
				  the Budget, State Capitol, Albany, NY 12223, and whose business phone number is
				  (518) 474-2331.
(b) The deputy
				  privacy compliance officer is the Director of Administrative Services whose
				  address is the same as above and whose business phone number is (518)
				  474-5312.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.3 - Requesting records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  requests for personal records shall be made in writing to the deputy privacy
				  compliance officer, except that the Division of the Budget may make records
				  available upon an oral request made in person after the applicant has
				  demonstrated proof of identity.
(b)
				  A request shall reasonably describe the record sought. Whenever possible, the
				  data subject should supply identifying information that assists the agency in
				  locating the records sought.
(c)
				  Requests based upon categories of information described in a notice of a system
				  of records or a privacy impact statement shall be deemed to reasonably describe
				  the record sought.
(d) Within five
				  business days of the receipt of a request, the agency shall provide access to
				  the record, deny access in writing explaining the reasons therefor, or
				  acknowledge the receipt of the request in writing, stating the appropriate date
				  when the request will be granted or denied, which date shall not exceed 30 days
				  from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.4 - Inspecting records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records
				  shall be available for inspecting and copying by data subjects or their
				  authorized representatives on every day that the Division of the Budget offices
				  are open for transacting business between the hours of 9 a.m. and 5
				  p.m.
(b) Records may be inspected
				  at locations designated by the deputy privacy protection officer designated in
				  section 145-2.2 of this Subpart.
(c) The identity of a data subject who
				  requests access to his/her record may require verification as follows:
(1) If the information is being sought in
				  person, appropriate identification such as a driver's license, or similar
				  information that confirms that the record being sought pertains to the data
				  subject.
(2) If the information is
				  being requested by mail, certain minimum identifying data, such as date of
				  birth and knowledge of some data element in the record that only the concerned
				  individual is likely to know. If the record concerns information of a sensitive
				  nature, the requesting individual may be required to produce a notarized
				  statement of identity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.5 - Amending records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject
					 for correcting or amending a record or personal information that is reasonably
					 described and that pertains to the data subject, the agency shall:
(a) amend or correct the record, and inform
				  the data subject that, on request, such correction or amendment will be
				  provided to any person or governmental unit to which the record or personal
				  information has been or is disclosed pursuant to paragraph (d), (i) or (l) of
				  subdivision 1 of section 96  of the Public Officers Law; or
(b) inform the data subject in writing of its
				  refusal to correct or amend the record, including the reasons
				  therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.6 - Denial of requests for records or for amending or correcting personal information records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of a
				  request for records or for amending or correcting personal information records:
(1) shall be in writing, explaining the
				  reasons therefor; and
(2)
				  identifying the person to whom an appeal may be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.7 - Appealing a denial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to a record or denied a request to amend or correct a record or
				  personal information pursuant to section
				  145-2.6 of this Subpart may, within
				  30 days of such denial, appeal to the records access appeals officer, as
				  defined in section
				  145-2.1 of this Subpart.
(b) The time for deciding an appeal shall
				  commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				  record of for amending or correcting a personal information record;
(2) the record that is the subject of the
				  appeal; and
(3) the name and return
				  address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.8 - 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 Division of
				  the Budget a statement of reasonable length setting forth the data subject's
				  reasons for disagreeing 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 1
				  of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No fee will be
				  charged for:
(1) inspecting records;
(2) searching for records; or
(3) any certification pursuant to this
				  Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 145 - Availability Of Records For Public Inspection And Copying › Subpart 145-2 - Access To Personal Information › Section 145-2.10 - 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 Subpart of the application thereof to other persons
					 and circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 146 - Reimbursement By Counties And Certain Other Political Subdivisions To The State For Certain Expenses For The Education Of Handicapped Children To Be Assumed By The State › Section 146.1 - Reimbursements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance
				with the provisions of section 11 of chapter 853 of the Laws of 1976, each
				county or other political subdivision which had, prior to July 1, 1976, been
				charged for the cost of tuition and transportation for handicapped children
				pursuant to section 232 or 234  of the Family Court Act shall reimburse the
				State for its payment of such costs, as provided in this section.
(b) The amount of such reimbursement will be
				determined by the Commissioner of Education, who shall multiply the sum paid by
				each county or other political subdivision for such purpose during the period
				July 1, 1975 through June 30, 1976, less the amount of State aid due and
				payable pursuant to the former section 4403  of the Education Law for such
				costs, by the applicable percentage set forth in section 11 of chapter 853 of
				the Laws of 1976. The commissioner shall also prescribe the format and
				procedure for payment.
(c) Except
				as provided in subdivision (e) of this section, the Commissioner of Education
				shall notify each county or other political subdivision of the amount of such
				reimbursement by no later than June 1 of each year. The commissioner shall
				transmit to the Comptroller a copy of the billing sent to each county or other
				political subdivision. Except as provided by subdivision (e) of this section,
				reimbursement shall be made in equal quarterly installments on July 1, October
				1, January 1 and April 1 of each year. Each county or other political
				subdivision shall make the appropriate reimbursement directly to the
				Comptroller.
(d) For the period
				July 1, 1976 through June 30, 1977, the amount of reimbursement shall be based
				upon orders of the Family Court which have been approved by the Commissioner of
				Education and the Comptroller for State aid purposes, as of November 15, 1976,
				subject to adjustment if additional claims for State aid for services provided
				during the 1975-76 school year are received after such date. In subsequent
				years, adjustments to prior billings caused by changes in the base will be made
				prior to July 1 of each year, and shall be paid in equal installments as set
				forth in subdivision (c) of this section.
(e) For the period July 1, 1976 through June
				30, 1977, the Commissioner of Education shall notify, by December 1, 1976, each
				county or other political subdivision of the amount of its reimbursement to the
				State. Reimbursement shall be made in one payment to the Comptroller by no
				later than January 15, 1977.