reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.9 - Representation by attorney

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A claimant
				and/or victim may choose to be represented before the office, at any stage of a
				claim, by an attorney-at-law duly licensed to practice in the State of New York
				and/or before the Appellate Division upon judicial review of the office's final
				determination. However, only those fees incurred by a claimant during (1) the
				administrative review for reconsideration of such decision pursuant to
				subdivision (2) of section 627  of the Executive Law and/or (2) the
				judicial review of the final decision of the office pursuant to section 629  of
				the Executive Law may be considered for reimbursement by the office. The office
				shall provide written notification to an applying claimant and/or victim of
				their right to representation by counsel, as well as their potential
				eligibility for an award of attorney's fees pursuant to Executive Law
				subdivision one of section 626 of Article 22 if they are successful during the
				administrative review and/or before the appellate division upon judicial
				review, pursuant to subdivision (g) of section
				525.3  of this Part .
				Parties shall provide to the office an authorization compliant with subdivision
				(c) of section
				525.3  of this Part.
(b) The attorney shall file a
				notice of appearance and, when appropriate, a notice of substitution prior to
				or at his or her first appearance.
(c) Upon a successful review pursuant to
				subdivision (a) of this section attorney's fees may be approved by the office
				which may require a written statement of services rendered. Whenever an award
				is made to a claimant who is represented by an attorney, the office may approve
				a reasonable fee commensurate with the services rendered, up to $1,000.
(d) The factors to be considered
				in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty
				and difficulty of the questions involved, and the skill requisite to perform
				the legal service properly;
(2) the
				fee customarily charged in the locality for similar legal services;
(3) the amount involved and the results
				obtained;
(4) the time limitations
				imposed by the client or by the circumstances;
(5) the experience, reputation, and ability
				of the lawyer or lawyers performing the services; and
(6) whether any part of the cost of the legal
				service provided to the claimant has been paid or is payable by a third
				party.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.10 - Subpoenas and subpoenas duces tecum; depositions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office shall issue subpoenas and
				subpoenas duces tecum, upon written application of any party made not less than
				five days prior to the hearing. Subpoenas and subpoenas duces tecum shall
				comply with the Civil Practice Law and Rules. Their issuance at the request of
				a party shall depend upon a showing of the necessity therefor. A written
				request shall also designate the names and addresses of witnesses and the
				location of documents, books, payrolls, personnel records, correspondence,
				papers or any other evidence relating to the claim being heard. The office may,
				in its discretion, waive the five-day provision.
(b) Where a subpoena or subpoena duces tecum
				is issued at the request of the claimant or other necessary party, the cost of
				service and witnesses and mileage fees shall be borne by the party at whose
				request it is issued. Where a subpoena or a subpoena duces tecum is issued by
				the office itself, such service and witnesses and mileage fees shall be borne
				by the office. Such witnesses and mileage fees shall be the same as are paid at
				trials in the New York State Supreme Court.
(c) The office itself or on the application
				of the claimant, shall, whenever necessary, and upon such terms and conditions
				as it may determine, take or cause to be taken affidavits and depositions of
				witnesses residing within or without the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.11 - Emergency awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No request
				for an emergency award shall be considered unless a claim application has been
				filed with the office. The claim application and the request for an emergency
				award may be made simultaneously. A victim assistance program as defined in
				section
				525.22 
				of this Part may assist a claimant in making such a request. A request for an
				emergency award shall be expeditiously acted upon.
(b) A request for an emergency award may be
				approved if it appears to the office that such claim is one with respect to
				which an award probably will be made and undue hardship will result to the
				claimant if immediate payment is not made. The determination by the office of
				an emergency award request shall include, at a minimum, the consideration of:
(1) whether a crime did in fact
				occur,
(2) the eligibility of the
				person to receive an award pursuant to section 624  of the Executive Law,
(3) whether, if the crime upon which the
				claim is based did not result in the death of such person, the person
				contributed to their injuries because of their conduct pursuant to subdivision
				5 of section 631  of the
				Executive Law,
(4) the office as
				payer of last resort, pursuant to subdivision 4 of section 631  of the
				Executive Law,
(5) whether the
				claimant and/or victim failed to cooperate with the reasonable requests of law
				enforcement authorities, including prosecutors, and
(6) the out-of-pocket loss, as defined in
				section 626  of the Executive law, upon which the
				request for an emergency award is made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.14 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				claimant aggrieved by a final determination of the office may seek court review
				of that determination, as provided for in article 78 of the Civil Practice Law
				and Rules.
(b) Upon a proceeding
				being instituted by the Attorney General for court review of a decision of the
				office, pursuant to section 629  of
				the Executive Law, the office shall furnish a certified copy of the record upon
				which the decision was based to the Attorney General and to the claimant and/or
				his or her attorney.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.15 - Claimant records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Claimant
				records are:
(1) not subject to the provisions
				of the Public Officers Law: article 6; paragraphs (c) and (d) of subdivision 1
				or subdivisions 2, 3 and 6 of section 94 and section 95; and
(2) confidential, subject to the provisions
				of section 633  of the Executive Law and section 96  of the Public Officers Law. Pursuant to
				section 633  of the Executive Law, the following
				exceptions exist to such confidentiality:
(i)
				requests for information based upon legitimate criminal justice
				purposes;
(ii) judicial
				subpoenas;
(iii) requests for
				information by the victim or claimant or his or her authorized representative
				pursuant to section
				525.3(c) 
				of this Part;
(iv) requests for the
				release of records as authorized by a claimant pursuant to subdivision (e) of
				this section;
(v) for purposes
				necessary and proper for the administration of article 22 of the Executive Law,
				including but not limited to, providing information to a victim assistance
				program pursuant to section
				525.22(a) 
				of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.16 - Availability of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of the rules of the office and article 22 of the
				  Executive Law shall be available to the public at all locations of the Office
				  of Victim Services and online at http://www.ovs.ny.gov. The office may also be
				  contacted at 1 (800) 247-8035.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.17 - Requests for further reduction of lien

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request
				for a further reduction of the amount of the State's lien pursuant to
				subdivision 2 of section 634  of the
				Executive Law, shall be submitted by the claimant or the claimant's attorney in
				writing to the office at the following address: Legal Unit, Office of Victim
				Services, Alfred E. Smith State Office Building, 80 South Swan Street, 2nd
				Floor, Albany, NY 12210- 8002.
(b)
				Such request shall include:
(1) the claim
				number or other information which would assist in identifying the claimant
				and/or the victim;
(2) a statement
				setting forth the reason(s) the proposed further reduction would be in the best
				interests of the claimant and the State;
(3) copies of the following documents where
				they exist:
(i) the complaint(s) served in
				the case;
(ii) statement of
				attorney fees; and
(iii) a listing
				of disbursements or other expenses incurred in the action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.18 - Battered spouses shelter cost guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As a means of ensuring that eligible
				battered spouses and children receive necessary shelter and services; to
				provide an objective, fair and reasonable equitable reimbursement rate for
				battered spouses and shelter providers who service these claimants, thereby
				maximizing available program dollars and improving administration of claims for
				the benefit of all victims; the office hereby establishes a guideline schedule
				of maximum charges for the cost of residing at or utilizing services provided
				by shelters for eligible battered spouses and children payable under sections 626 and
				631 (2)  of the Executive
				Law.
(b) Adoption of county
				departments of social services shelter fee guidelines. The office in computing
				the amount of an award payable for the cost of residing at or utilizing
				services provided by shelters for battered spouses and children, shall use the
				per diem rate, where established, of the county department of social services
				in which the shelter is located.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.19 - Crimes committed by family members

Current through Register Vol. 46, No. 28, July 10, 2024
A victim who is injured as result of a crime committed by a
				  family member will be eligible to receive an award unless the office finds that
				  the person responsible for the crime will derive substantial economic benefit
				  or unjust enrichment. A determination that a family member will derive
				  substantial economic benefit or unjust enrichment will be based upon a
				  consideration of the offender's access to the award, the victim's cooperation
				  with the criminal justice system, and the availability of collateral
				  resources.
(a) Access. It shall be
				determined whether the offender will have access to any award to the victim
				and/or whether a substantial portion of the money will be primarily used by or
				for the benefit of the offender.
(1) When an
				award is made directly to a victim it must be determined that the offender will
				not substantially benefit from such award. Factors to be considered in
				determining whether substantial benefit will be derived include:
(i) whether a significant portion of the
				award will pay for the offender's living expenses, or be otherwise used for his
				or her benefit; and
(ii) the needs
				of the victim and other family members in comparison to any benefit to be
				derived by the offender. The fact that the offender may benefit incidentally
				from such award will not support a determination of substantial economic
				benefit or unjust enrichment where such award is essential to the well-being of
				the victim and other innocent and dependent family members, particularly in
				regard to their living expenses.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.20 - Victims of human trafficking, presumption of physical injury

Current through Register Vol. 46, No. 28, July 10, 2024
When a claimant applies as a victim of labor trafficking as
				  defined in section 135.35  of the Penal Law, or sex trafficking as defined in
				  section 230.34  of the Penal Law, there shall be a rebuttable presumption that
				  such victim has suffered a physical injury for the purposes of eligibility
				  under article 22 of the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.21 - Prohibited use of personal identifying information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The office shall not do any of the
				following, unless otherwise required by law:
(1) Intentionally communicate to the general
				public or otherwise make available to the general public in any manner an
				individual's social security account number. This paragraph shall not apply to
				any individual intentionally communicating to the general public or otherwise
				making available to the general public his or her social security account
				number.
(2) Print an individual's
				social security account number on any card or tag required for the individual
				to access products, services or benefits provided by the office.
(3) Require an individual to transmit his or
				her social security account number over the internet, unless the connection is
				secure or the social security account number is encrypted.
(4) Require an individual to use his or her
				social security account number to access an internet website, unless a password
				or unique personal identification number or other authentication device is also
				required to access the internet website.
(5) Include an individual's social security
				account number, except the last four digits thereof, on any materials that are
				mailed to the individual, or in any electronic mail that is copied to third
				parties, unless State or Federal law requires the social security account
				number to be on the document to be mailed. Notwithstanding this paragraph,
				social security account numbers may be included in applications and forms sent
				by mail, including documents sent as part of an application or enrollment
				process, or to establish, amend or terminate a claim, account, contract or
				policy, or to confirm the accuracy of the social security account number. A
				social security account number that is permitted to be mailed under this
				section may not be printed, in whole or in part, on a postcard or other mailer
				not requiring an envelope, or visible on the envelope or without the envelope
				having been opened.
(6) Encode or
				embed a social security number in or on a card or document, including, but not
				limited to, using a bar code, chip, magnetic strip, or other technology, in
				place of removing the social security number as required by this
				section.
(7) No person may file any
				document available for public inspection with the office that contains a social
				security account number of any other person, except as required by Federal or
				State law or regulation, or by court rule.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.22 - Victim assistance programs or vaps

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Victim Assistance Programs may assist
				claimants in the preparation of claims for presentation to the office and
				requests for emergency awards pursuant to section
				525.11  of this
				Part.
(1) If a VAP is listed on a claim form,
				the office shall be permitted to discuss such claim(s) with the VAP
				notwithstanding the provisions of section 633  of the Executive Law.
(2) If a VAP is not listed on a claim form
				and the claimant subsequently wishes the VAP to assist them with the office,
				the claimant may authorize a representative pursuant to section
				525.3(c) 
				of this Part from the VAP. Pursuant to section 633  of the Executive Law, the office shall
				be unable to discuss a claim with a third party unless so authorized and
				designated by the claimant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.23 - Freedom of information law or foil

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and
				scope.
(1) 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 of
				confidentiality.
(2) These
				regulations provide information concerning the procedures by which records may
				be obtained.
(3) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law, as well as records otherwise available by law.
(4) 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 M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.29 - Construction of rules

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be liberally construed to accomplish the
				  purpose of the law creating the office and the policies of the
				  office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.30 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof to
				  any person or circumstances are 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
				  circumstance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				of this Part shall apply to the funding of programs providing services to crime
				victims and witnesses operated by a government agency, a community-based agency
				or a not-for-profit corporation.
(b) Funds available for disbursement pursuant
				to this Part shall include those funds appropriated by the State Legislature
				for said purposes, and shall also include funds received by the State from any
				public or private agency or person, including the Federal government, to be
				used for the purposes of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.3 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Application for funding pursuant to this Part shall be
				  submitted to the Crime Victims Board, and shall include the following
				  information:
(a) a description of the
				organization administering the program, including a description of any
				sponsoring organizations;
(b) an
				itemized description of the annual cost of operating the proposed program,
				including the compensation of employees;
(c) a description of the geographic area of
				service, the service population and the number of participants capable of being
				served on a annual basis;
(d) a
				description of the facilities available in which the proposed program is to be
				operated;
(e) a detailed
				description of the proposed program, including the types of services to be
				provided and the cost, if any, to the participants;
(f) a statement of the present availability
				of resources to fund the program;
(g) a description of the applicant's
				administrative capacity to operate the program, including the educational,
				training and employment background of every member of the staff of the
				program;
(h) a list of civic
				groups, social service agencies and criminal justice agencies available to
				accept and make referrals, written statements from these groups and agencies
				indicating an intent to accept and make referrals, and a description of how the
				program will be publicized to make potential referring agencies, the courts and
				the public aware of its availability;
(i) a description of the past history of the
				operation of the program, including specific information for the past two years
				concerning the program, areas of service, staff, source of funding,
				expenditures, referring agencies, number and types of services
				provided;
(j) a list of all other
				available victim/witness services and facilities within the proposed
				geographical area; and
(k) such
				other information as may be required by the Crime Victims Board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.4 - Approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Crime
				Victims Board shall select programs for funding pursuant to this Part and shall
				determine the amount of funds to be disbursed for each program within available
				appropriations.
(b) In determining
				the programs for which funds may be disbursed and the amount of such
				disbursements, the Crime Victims Board shall consider:
(1) the need for the program in the
				geographical area served or to be served;
(2) the availability of other sources of
				funding;
(3) the effectiveness of
				the program in reaching and serving the people intended to be served;
(4) the structure and scope of the
				program;
(5) established linkages
				with the components of the criminal justice system (i.e., police, district
				attorneys, courts, etc.);
(6)
				established linkages with other service providers;
(7) the ability of the applicant to
				administer the program;
(8) support
				funding, whether it be local contributions or other grants which share the
				monetary and programmatic obligation to operate the program;
(9) the qualifications of the personnel
				providing overall guidance to the proposed program (e.g., board of
				directors);
(10) the qualification
				of the personnel staffing the proposed program;
(11) established fiscal controls which
				guarantee the proper handling and recording of program funds;
(12) the cost of operation of the proposed
				program;
(13) the adequacy and
				costs of facilities;
(14) onsite
				visit, if any, conducted by the Crime Victims Board's staff to ascertain the
				proposed program's ability to render the proposed services; and
(15) any other consideration which may affect
				the provision of victim/witness services pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
Payment of funds pursuant to this Part shall be made pursuant
				  to contract entered into between the Crime Victims Board and the grant
				  recipient.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.6 - Program evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Crime Victims Board shall monitor and evaluate each program receiving funds
				pursuant to this Part.
(b) Each
				grant recipient shall provide to the Crime Victims Board, on a periodic basis
				as determined by the board, the following information concerning its program:
(1) amount of and purpose for which all
				monies were expended;
(2) numbers
				of cases and persons eligible for each service;
(3) numbers of crisis calls and other
				requests for service received and responded to;
(4) character of eligible cases and of cases
				actually served;
(5) basic
				demographic information on eligible and actual clients (e.g., age, sex,
				ethnicity);
(6) numbers of times
				the service unit actually delivered such service it was equipped to
				provide;
(7) service requests
				received but not satisfied because of resource limitations;
(8) numbers of counseling contacts and
				contact hours;
(9) numbers of
				referrals by agency;
(10) numbers
				of individuals referred who actually received services;
(11) numbers of contacts made with witnesses
				in order to ensure their presence in court and to prevent unnecessary court
				appearances;
(12) amounts of
				restitution, compensation or financial assistance administered or
				expedited;
(13) value of stolen
				property returned through the program, if any; and
(14) any other information as required by the
				Crime Victims Board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.7 - Authorization of qualified persons

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall certify that a person is authorized to assist
				  claimants in the preparation of claims for presentation to the board, and to
				  grant emergency awards on behalf of a local program upon receipt of:
(a) such person's affirmation that he/she is
				employed by or volunteers at a victim services program; and
(b) the affirmations of such person and the
				head of such victim services program that he/she is knowledgeable in the
				provisions of article 22 of the Executive Law and Parts 525, 526 and 527 of
				this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.8 - Authorization of local programs to provide emergency awards to crime victims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Programs
				operated by a government agency or a community-based agency, which provide
				services to crime victims and witnesses, are authorized to provide emergency
				awards to crime victims for essential personal property, medical treatment,
				shelter costs, security services, counseling and transportation, pursuant to
				section 627 (4)  of the Executive
				Law.
(b) Such emergency awards may
				not exceed $500.
(c) The local
				program shall notify the board of its intent to issue emergency
				awards.
(d) Upon notification to
				the board of the intent of a program to issue such awards and certification by
				the board of persons authorized to make such awards pursuant to this Part, the
				program will be authorized to establish a special account to be maintained
				solely for the purpose of making emergency grants. All monies received by the
				program from the Crime Victims Board for reimbursement of emergency awards
				shall be deposited in said account.
(e) Such accounts will be established and
				maintained in accordance with procedures as deemed appropriate and approved by
				the Crime Victims Board.
(f) The
				local program shall agree to allow the Crime Victims Board, its
				representatives, retained accountants or auditors and representatives of the
				State Comptroller to inspect any and all books, records and documents relating
				to said account, and to visit the program with or without notice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.9 - Procedures for determining eligibility for emergency awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to advancing emergency assistance,
				the program should obtain documentation as follows:
(1) an application setting forth in some
				detail the reason for the request;
(2) verification that a crime was committed
				and that the victim is considered an innocent victim;
(3) claimant affirmation that he/she would
				suffer undue hardship if an award is not paid immediately; and
(4) that assistance from other sources is not
				readily available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 527 - Victim/witness Programs › Section 527.10 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a final
				determination by the Crime Victims Board that claimant is entitled to an award,
				the local program shall be reimbursed by the Crime Victims Board, from such
				award, for those expenditures authorized under section 631 (2)  of the Executive
				Law.
(b) In the event the local
				program has advanced an award to a claimant on a claim which is ultimately
				disallowed, the program will not be reimbursed for such award.
(c) Requests for reimbursement shall be
				submitted on forms provided by the Crime Victims Board, and must include, among
				other things, documentation of the basis for extending the emergency award and
				the amount thereof.
(d) Requests
				for reimbursement must be submitted prior to final determination of an award by
				the Crime Victims Board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 540 - Electronic Signatures And Records Act › Section 540.3 - Electronic facilitator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ITS, as
				the electronic facilitator, is responsible for administering this Part. In
				accordance with ESRA, ITS has the following functions, powers and duties
				including, but not limited to:
(1) coordinate
				and facilitate statewide planning and establish statewide policy on the use of
				electronic signatures and records by governmental entities;
(2) request and receive information from
				governmental entities enabling ITS to properly carry out its functions, powers
				and duties under ESRA and this Part;
(3) identify and evaluate electronic
				technologies that meet the ESRA definition of an electronic signature. These
				duties shall include, but not be limited to, the following:
(i) establish a process to gather information
				on, review and evaluate these technologies; and
(ii) disseminate information about criteria
				for the selection and use of electronic signature technologies through
				preferred technology standards, guidelines and advisory services;
(4) develop guidelines that
				identify preferred technology standards, including, but not limited to,
				interoperability, consistency, security, confidentiality and privacy of
				electronic signatures and records;
(5) periodically review ITS' policies,
				technology standards and guidelines to ensure that they are consistent with
				national and international standards and current technology and business
				practices;
(6) review and
				coordinate the purchase of technology related to electronic signatures and
				records solutions by State agencies. Such review and coordination shall promote
				consistency with the goals of interoperability, statewide technology standards,
				guidelines, security of confidential records and proper dissemination of public
				information;
(7) advise and assist
				in developing policies, plans and programs for acquisition, deployment and use
				of electronic signature and records technology; and
(8) establish advisory committees, working
				groups, or other bodies to assist and advise ITS in carrying out the above
				duties and responsibilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 540 - Electronic Signatures And Records Act › Section 540.5 - Electronic records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An electronic
				record used by a person shall have the same force and effect as those records
				not produced by electronic means.
(b) Pursuant to ESRA and this Part,
				governmental entities are authorized and empowered to produce, receive, accept,
				acquire, record, file, transmit, forward and store electronic records. If any
				governmental entity uses electronic records it shall:
(1) ensure that anyone who uses the services
				of such governmental entity may obtain access to records as permitted by law,
				and may receive copies of such records in paper form in accordance with fees
				prescribed by law;
(2) not refuse
				to accept hard copy, nonelectronic forms, reports, and other paper documents
				for submission or filing, except as otherwise provided by law; and
(3) not require the submission or filing of
				any record electronically, except as otherwise provided by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 540 - Electronic Signatures And Records Act › Section 540.6 - Privacy and confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
As required by ESRA:
(a) For purposes of the Freedom of
				Information Law, as set forth in article six of the Public Officers Law, and
				the Personal Privacy Protection Law, as set forth in article six-a of the
				Public Officers Law, electronic records shall be considered and treated in the
				same manner as any other record.
(b) Except to the extent disclosure of
				personal information is required by a court order or a statute, or if the
				information is used solely for statistical purposes in aggregate form, no
				person acting as a certification authority shall disclose to a third party any
				personal information reported to the certification authority by the electronic
				signatory other than the information necessary to issue or authenticate the
				certificate. Information reported to a certification authority for purposes
				other than issuing a certificate shall not be subject to this subdivision. For
				purposes of this subdivision, the phrase personal information shall mean, but
				not be limited to, the following types of information which could identify a
				specific person: home and work address, telephone number, e-mail address,
				social security number, birth date, gender, marital status, mother's maiden
				name, and health data.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 540 - Electronic Signatures And Records Act › Section 540.7 - Electronic recording of instruments affecting real property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Electronic
				recording of instruments affecting real property shall, at a minimum, meet the
				following technical standards and guidelines prescribed by PRIA: PRIA Request
				Version 2.4.2, August 2007; PRIA Response Version 2.4.2, August 2007; Document
				Version 2.4.1, October 2007; Notary Version 2.4.1, October 2007; and eRecording
				XML Implementation Guide for Version 2.4.1, Revision 2, March 2007,
				(collectively, "PRIA Guidelines"), which guidelines are hereby incorporated by
				reference. PRIA Guidelines may be found on the PRIA website at: www.pria.us,
				and may be viewed at the New York State Office of Information Technology
				Services, Empire State Plaza, Swan Street Building Core 4, Albany, NY
				12223.
(b) A recording officer who
				elects to accept electronic recording of instruments affecting real property
				shall accept one or more of the models of electronic recording supported by
				PRIA. Recording officers who elect to accept a model containing an electronic
				signature shall comply with section
				540.4(c) and any
				other applicable section of this Part.
(c) An instrument affecting real property
				submitted to a recording officer for electronic recording shall be submitted
				and retained in a freely available, readable and searchable format. The
				utilized format must ensure the preservation of the instrument and its contents
				and the ability of the instrument to be retrieved in a fashion that prevents
				content modification or destruction. Examples of such acceptable formats
				include, but are not limited to, PDF/A (an International Organization for
				Standardization standardized version of the Portable Document Format) and TIFF
				(Tagged Image File Format for Image Technology).
(d) Recording officers who elect to accept
				electronic recording of instruments affecting real property shall:
(1) ensure that electronic recording complies
				with the security principles identified in chapter 6 of the PRIA e-recording
				XML Implementation Guide for Version 2.4.1, Revision 2, March 2007, and
				applicable security standards established by New York State and local laws;
				and
(2) implement reasonable
				measures to ensure that digitized paper documents and electronic records of
				instruments that have been submitted for electronic recording are protected
				from alteration and unauthorized access from the time of submission to the
				recording officer throughout such time as the recording officer is required to
				maintain the document or record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
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. This Part provides information concerning the procedures
				  by which records may be obtained from the New York State Office of Information
				  Technology Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) The term executive deputy commissioner
				means the executive deputy commissioner of the New York State Office of
				Information Technology Services.
(b) The term office means the New York State
				Office of Information Technology Services.
(c) The term record means a record as defined
				in section 86 of the Freedom of Information Law.
(d) The term records access officer means an
				employee of the office designated by the executive deputy commissioner to
				receive and respond to inquiries to inspect and copy those records in the
				possession of the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.3 - Duties of the records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The records access officer shall:
(a) coordinate the office's response to
				public requests for access to its records;
(b) provide information concerning the nature
				and location of records;
(c)
				maintain a current list of records, indexed according to subject matter, for
				public inspection;
(d) respond to
				all inquiries relating to the availability to the public of the office's
				records pursuant to the Freedom of Information Law;
(e) receive and process request for access to
				records in the manner prescribed by this Part;
(f) receive and process requests for the
				copying of records in the manner prescribed by this Part;
(g) have responsibility for the safekeeping
				of records under inspection;
(h)
				have the cooperation and assistance of all personnel of the office in the
				performance of his or her functions under this Part;
(i) designate one or more members of the
				office, as he or she deems necessary, to serve as assistant records access
				officer and such assistant or assistants shall have only those functions and
				responsibilities which are expressly delegated to such assistant or assistants
				by the records access officer; and
(j) charge and receive for the copying or
				inspection of records the fees prescribed by this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.4 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain and make available for public inspection and
				copying a current list, by subject matter, of those records, as enumerated
				within the Freedom of Information Law, which are available for public
				inspection. The list shall be sufficiently detailed to permit the requester to
				identify the file category of the record sought.
(b) The subject matter list shall be updated
				periodically, and the date of the most recent updating shall be listed first.
				The subject matter list shall be updated no less frequently than twice per
				year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for records within the
				possession of the office shall be in writing. Such request shall be made via
				email to counsel.foilr@its.ny.gov or by submitting a completed request form
				through the FOIL application located on the agency's website, or by letter
				addressed to the Records Access Officer, Office of Information Technology
				Services, State Capitol/ Empire State Plaza, P.O. Box 2062, Albany, NY
				12220.
(b)
(1) The records access officer may permit
				individuals to act as agent for or authorized representative of a requester for
				access to records.
(2) In addition
				to the written request for access to records, the records access officer may
				require such agent or authorized representative to complete a written agency
				form prescribed by the office before acting upon the request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.6 - Inspecting and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				If access to records is granted, records may be inspected or copied by the
				public at Swan Street Building, Core 4, Albany, NY 12223. Such records may be
				inspected or copied in the office of the records access officer every day that
				the office is open for business during the hours of 9 a.m. through 5 p.m. At
				the sole discretion of the records access officer, such records may also be
				inspected or copied in an office of an assistant records access
				officer.
(b) If a record is of a
				type available for inspection under the Freedom of Information Law but contains
				information, details, and/or particulars requiring deletion, a requester shall
				only be permitted to inspect a copy of the record with deletions.
(c) Records inspected may be copied in the
				following manners:
(1) By the person
				inspecting the record in his or her own handwriting or by his or her own
				mechanical, electronic or digital means, provided, however, that the use of
				such means does not disrupt the normal functioning of the office.
(2) The records may be copied for the person
				inspecting the records by personnel of the office using the office's mechanical
				or digital reproduction equipment, provided that:
(i) the copying of records by personnel of
				the office will be allowed only when such copying will not delay the use of the
				office's mechanical reproduction equipment for office business; and
(ii) copies of records produced by personnel
				of the office using the office's mechanical reproduction equipment will be
				provided only when the fee for such copies as prescribed by this Part has been
				paid to the records access officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 550 - Public Access To The Records Of The Office For Technology › Section 550.7 - Protection of trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				addition to the prohibitions on disclosure described in section
				550.5(d) of this
				Part, the records access officer may deny access to records or portions thereof
				that are trade secrets or are submitted to an agency by a commercial enterprise
				or derived from information obtained from a commercial enterprise and which, if
				disclosed, would cause substantial injury to the competitive position of the
				subject enterprise.
(1) Any person who submits
				information to the office, which is not otherwise exempted from disclosure
				under the laws of the State of New York or the United States, may request that
				the records access officer except such information from disclosure as a trade
				secret pursuant to sections 87(2)(d) and 89(5) of the Freedom of Information
				Law. Where the request itself contains information which, if disclosed, would
				defeat the purpose for which the exception is sought, such information will
				also be excepted from disclosure.
(2) The request to the records access officer
				for an exception must be in writing, specify the information or portions
				thereof for which the exception is requested, and state the reasons why such
				information should be excepted from disclosure.
(3) Records or parts of records identified as
				trade secrets at submission shall continue to be charged to the custody of the
				head of the division, bureau or office with which the record is filed. That
				individual shall specify which persons subject to his or her supervision may
				inspect such records. The executive deputy commissioner, the records access
				officer, the records appeals officer and his or her assistant or assistants
				shall be entitled to inspect such records.