reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.11 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Warning signs
						are placed primarily for the protection of the driver who is unacquainted with
						the road. They should normally be located well in advance of the condition to
						which they apply, with due consideration for existing physical characteristics.
						Day and night trial runs should be made to determine the most effective
						placement and positioning.
(b) In
						rural districts, the advance distance will depend upon the speed limit,
						prevailing speed of approaching traffic, character of road alignment and nature
						of the topography. Subject to adjustment for specific conditions, the advanced
						distance for warning signs shall normally be between 250 feet and 750
						feet.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.12 - Longitudinal placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						placement of signs along the highway in relation to the roadway condition or
						regulation varies according to the type of sign used and the nature of the
						message conveyed.
(b) The following
						table indicates acceptable posting distances for the longitudinal placement of
						warning signs with respect to approach speeds under normal conditions on
						highways in rural districts:
85-percentile approach
									 speeds
Advance posting
										distance
Less than 25 mph
250 feet
25-35 mph
300 feet
35-45 mph
400 feet
45-55 mph
500-750 feet
(c) Signs should normally be erected
						individually, except where one sign supplements another or where guide signs
						must be grouped. Two signs for different purposes should not be located closer
						together than 200 feet if it can reasonably be avoided.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.13 - Height

Current through Register Vol. 46, No. 28, July 10, 2024
The height of a sign is the vertical distance between
						  the nearest edge of the roadway and the bottom of the sign. Signs in rural
						  districts shall be mounted at a height of at least five feet. However, where
						  parked vehicles or other obstructions are likely to interfere with the
						  visibility of the sign, the height should be at least seven feet. Signs in
						  business and residence districts shall be mounted at a height of at least seven
						  feet. Route markers shall be considered as a single sign for purposes of this
						  section. The snowmobile route marker assembly shall be mounted at a height of
						  at least four feet.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.14 - Lateral placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Lateral clearance is the horizontal distance between the edge of the roadway
						and the nearest edge of the sign or sign assembly.
(b) On highways other than expressways, the
						lateral clearance shall be as follows:
(1)
						Not less than 6 feet nor more than 12 feet.
(2) The distance between an unmountable curb
						face, guide rail, or the edge of the usable shoulder and the nearest edge of a
						sign should be at least two feet. In urban districts the distance from the face
						of the curb should not be less than one foot and generally not more than three
						feet.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.15 - Seasonal signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Seasonal
						signs are signs which inform the highway user of conditions or regulations
						which are present or in effect for less than the full 12 months of the year. It
						is not practical to consider a period shorter than two months as a season. The
						following are acceptable methods of displaying seasonal signs:
(1) Erect the sign as a permanent sign and
						remove or cover it when it is not required.
(2) Hinge the sign along its horizontal axis
						so that one portion may be folded over the other portion to obscure the
						message.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.16 - Snowmobile crossing sign

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Design.
Click
						  to view image
Sign
										No.
Size
Margin
Border
W86
303 * 303
1/23
3/43
W86A
363 * 363
5/83
7/83
W86B
243 * 243
3/83
5/83
(b) This sign is provided for use to warn
						traffic of a snowmobile crossing where conditions such as sight distance and
						number of snowmobiles crossing warrant such use. The provisions of subdivisions
						(b)-(d) of section
						232.1 of the
New York State
						Manual of Uniform Traffic Control Devices
have general application in
						the consideration of the use of this sign.
(c)
The W86 sign is standard.
The W86A or larger sign may be used where greater
						  emphasis or visibility is required. The W86B sign may be used on highways,
						  having no more than one moving lane of traffic in each direction, where
						  approach speeds are low and where physical conditions make the use of the
						  standard size sign impractical as a ground-mounted sign.
(d)
Snowmobile
is defined in
						section 21.05  of the Parks, Recreation and
						Historic Preservation Law, and Part 454 of the rules and regulations of the
						Office of Parks, Recreation and Historic Preservation, adopted September
						1971.
(e) This sign may be used in
						advance of locations where snowmobiles cross the highway in a well defined path
						as part of a recognized trail crossing. The M57 (as specified in the
New York State Manual of Uniform Traffic Control Devices
)
						snowmobile route marker, supplemented with an M45 (as specified in the
New York State Uniform Traffic Control Devices
) white-on-brown
						directional marker arrow may be used at the trail crossing.
(f) The use of the snowmobile crossing sign
						shall be limited on a seasonal basis to between October 15th of one year and
						May 15th of the succeeding year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 458 - Conduct Of Snowmobile Special Events › General Instructions for Design and Placement of Snowmobile Signs › Section 458.17 - Snowmobile route marker

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Design.
Click
						  to view image
Sign
										No.
Size
Margin
Border
M57
243 * 183
None
5/83
(b) This sign shall be used to mark highways
						or parts of highways where the use of snowmobiles is permitted by official
						designation in conformance with section 25.05  of the Parks, Recreation and
						Historic Preservation Law.
(c)
Snowmobile
is defined in section 21.05  of the Parks, Recreation and
						Historic Preservation Law.
(d)
						Subdivision 7 of section 25.05  of the Parks, Recreation and
						Historic Preservation Law permits the operation of snowmobiles on the following
						portions of highways, other than the Thruway, interstate highways or
						controlled-access State highways, upon official designation by the appropriate
						governmental agency:
(1) shoulders and inside
						banks;
(2) access areas not to
						exceed 1,500 feet when, in the determination of the governmental agency
						concerned, it is otherwise impossible to gain immediate access to an area
						adjacent to the highway; and
(3) on
						roadways of such highways where the outside banks are determined by the
						governmental agency to be impassable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 459 - Standards for Equipment on Snowmobiles Sold or Offered for Sale in New York State; Helmets › Section 459.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The terms snowmobile, equipment and commissioner as used
						in this Part are defined in section 21.05  of the Parks, Recreation and Historic
						Preservation Law or Part 454 of this Subtitle.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 459 - Standards for Equipment on Snowmobiles Sold or Offered for Sale in New York State; Helmets › Section 459.2 - Types of snowmobile equipment and operations requiring approval

Current through Register Vol. 46, No. 28, July 10, 2024
The following types of snowmobile equipment must be
						approved:
(a) Mufflers.
(b) Noise emission from the entire
					 snowmobile.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 459 - Standards for Equipment on Snowmobiles Sold or Offered for Sale in New York State; Helmets › Section 459.3 - Procedure for obtaining departmental approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall submit:
(1) the description and model number of the
					 device to be approved;
(2) a copy
					 of the manufacturer's or laboratory's test report; and
(3) a certificate certifying that the device
					 has been tested in accordance with section
					 459.4  of this
					 Part and found acceptable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 459 - Standards for Equipment on Snowmobiles Sold or Offered for Sale in New York State; Helmets › Section 459.4 - Testing criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The sound level produced by a new snowmobile manufactured
						after June 1, 1975, shall not exceed 78 decibels (78dB [A]) on the A scale,
						measured at a distance of 50 feet to the side of such snowmobile when the
						machine is run at full throttle and tested in accordance with the procedures of
						the Society of Automotive Engineers recommended practice J192-a. The sound
						level produced by a snowmobile manufactured after June 1, 1980, shall not
						exceed 73 decibels (73dB [A]) on the A scale, measured at a distance of 50 feet
						to the side of such snowmobile when the machine is run at a speed of 15 miles
						per hour and tested in accordance with the Society of Automotive Engineers
						recommended practice J1161.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 459 - Standards for Equipment on Snowmobiles Sold or Offered for Sale in New York State; Helmets › Section 459.5 - Withdrawal of approval

Current through Register Vol. 46, No. 28, July 10, 2024
The manufacturer shall not modify or change the device
						approved without resubmission of the modified device for approval in the same
						manner as required for the original device. The commissioner reserves the right
						to inspect the manufacturing plant and any devices sold in the State of New
						York. In the event that it is determined that the devices approved have been
						modified and are no longer acceptable, the manufacturer will be notified of
						withdrawal of the approval and will no longer be permitted to sell snowmobiles
						in this State. All notifications of approval or disapproval will be
						accomplished by letter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 459 - Standards for Equipment on Snowmobiles Sold or Offered for Sale in New York State; Helmets › Section 459.6 - Protective helmets

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Authority and purpose. This regulation implements chapter 228 of the Laws of
					 1997, which amended the Parks, Recreation and Historic Preservation Law to
					 provide that no person shall operate a snowmobile or ride as a passenger on a
					 snowmobile unless he or she is wearing a protective helmet of a type approved
					 by the Commissioner of Parks, Recreation and Historic Preservation. It should
					 be noted that neither the law nor the regulation applies to the operation of a
					 snowmobile or riding as a passenger on private lands owned by the operator or
					 passenger, or where the operator or passenger has a contractual right such as a
					 lease other than as a member of a club or association, and for which no
					 compensation is paid to the owner with respect to such operation.
(b) The approval of the commissioner shall be
					 deemed to be granted for helmets which meet the standard set forth in
					 subdivision (c) of this section.
(c) Requirements for approval. A helmet that
					 is approved for wear while operating a snowmobile or riding as a passenger on a
					 snowmobile shall be any helmet bearing a legible label that is applied by the
					 manufacturer which indicates that the manufacturer of the helmet certifies that
					 it meets one of the following established standards:
(1) Federal Department of Transportation
					 motor vehicle safety standard 218; motorcycle helmets, which can be found at
					 title 49 of the Code of Federal Regulations, section
					 571.218; or
(2) The Standard for Protective Headgear for
					 motorcycles established by the Snell Memorial Foundation and identified as
					 Standard M-95 or Standard M-2000.
Copies of the Federal DOT and Snell standards are
						available for review at the Office of Parks, Recreation and Historic
						Preservation, Marine and Recreational Vehicle Bureau, 625 Broadway, Albany, NY
						12233.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.0 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.1 - Applicability of law

Current through Register Vol. 46, No. 28, July 10, 2024
No snowmobile shall be operated on the roadway or
						shoulder of a public street or highway at any time, unless the owner of such
						snowmobile has obtained a policy of insurance in such language and form as
						shall be determined and established by the Superintendent of
						Insurance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.2 - Amount of insurance

Current through Register Vol. 46, No. 28, July 10, 2024
The terms of the policy of insurance shall indemnify any
						one person sustaining bodily injury or the death of one person in any one
						accident in the amount of $10,000 and subject to said limit of one person, to a
						limit of $20,000 because of bodily injury or death of two or more persons in
						any one accident, and to a limit of $5,000 because of injury to or destruction
						of property of others in any one accident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.3 - Proof of insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 operator of an insured snowmobile shall carry proof of insurance on his person
					 or on the snowmobile when it is in operation.
(b) Proof of insurance shall consist of a
					 card or notice, obtained from the insurance carrier, containing the following
					 information:
(1) name and address of the
					 insurance carrier;
(2) name and
					 address of the insured;
(3) make
					 and model of snowmobile covered by the policy;
(4) policy number;
(5) effective date and expiration date of the
					 policy;
(6) statement indicating
					 that minimum financial limits of law are covered by the policy; and
(7) authorized signature of issuing
					 carrier.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.4 - Certificate of self-insurance

Current through Register Vol. 46, No. 28, July 10, 2024
Any State department or subdivision of the State or
						municipal corporation may file for a certificate of self-insurance with the
						bureau in lieu of an insurance policy issued by a private insurance carrier
						covering snowmobiles which they own or operate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.5 - Application for certificate of self-insurance

Current through Register Vol. 46, No. 28, July 10, 2024
The application for a certificate of self-insurance shall
						contain:
(a) The following information
					 concerning the applicant:
(1) name of the
					 applicant;
(2) Federal employer's
					 number;
(3) coverage for which
					 self-insurance is requested:
(i) property
					 damage;
(ii) bodily
					 injury;
(4) amount of
					 reserves set aside to meet future claims;
(5) manner in which claims are investigated
					 and adjusted;
(6) number of
					 accidents in last two years;
(7)
					 number of claims and amounts;
(8)
					 number of settlements and amounts;
(9) number of judgments open and unsatisfied;
					 and
(10) period of time covered by
					 certificate of self-insurance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.6 - Notification of approval or disapproval of application for self-insurance

Current through Register Vol. 46, No. 28, July 10, 2024
The bureau shall notify the applicant in writing of
						approval or disapproval of the application for self-insurance and all facts
						pertinent thereto.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 460 - Requirement For Liability Insurance And Certificate Of Self-insurance › Section 460.7 to 460.16 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 461 - Public Access to Records › Section 461.1 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 Legislature has provided for public access to government records under the
					 Freedom of Information Law (FOIL) (Public Officers Law, article 6, sections
					 84-90).
(b) This Part outlines the
					 procedures for obtaining records from the Office of Parks, Recreation and
					 Historic Preservation (office or OPRHP) and personnel responsibilities for
					 providing access to records.
(c)
					 The contact information for the Records Access Officer is OPRHP, 625 Broadway,
					 Albany, NY 12233 or foil@parks.ny.gov.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 461 - Public Access to Records › Section 461.2 - Designation of the records access officer and records appeals officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner of the office (commissioner) is responsible for administering the
					 Freedom of Information Law and shall designate a records access officer who
					 may, in turn, designate assistant records access officers. The commissioner
					 shall also designate a records appeals officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 461 - Public Access to Records › Section 461.3 - Subject matter list, location and time for inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject matter list. Categories of
					 records and locations of regional offices are listed at
http://www.nysparks.state.ny.us/inside-our-agency/foil-requests.aspx
.
(b) Locations.
(1) If access is granted records shall be
					 available for inspection upon request and appointment during regular business
					 hours at OPRHP's Albany office, 625 Broadway, Albany, NY 12233. Alternatively,
					 the Records Access Officer may make records available for inspection at a
					 regional office or at the State Historic Preservation Office at Peebles Island
					 Resource Center, Delaware Avenue, Cohoes, NY 12047, Telephone No. (518)
					 2378643.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 461 - Public Access to Records › Section 461.4 - Request for access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for access to records shall be
					 addressed to the Records Access Officer, OPRHP, 625 Broadway, Albany, NY 12233
					 or foil@parks.ny.gov.
(b) Within
					 five business days after receiving a request that reasonably describes the
					 records, the Records Access Officer shall respond in the medium requested by:
(1) informing the person requesting the
					 records that the request or a portion of the request does not reasonably
					 describe the records sought and including, if possible, directions enabling the
					 person to request the records;
(2)
					 granting or denying access to the records in whole or in part;
(3) acknowledging receipt of the request in
					 writing and including an approximate date when the request will be granted or
					 denied in whole or in part, which shall be reasonable under the circumstances
					 of the request and not more that 20 business days after the date of the
					 acknowledgment. However, if it is known that circumstances will prevent
					 disclosing the records within 20 business days from the date of the
					 acknowledgment, the records access officer shall state in writing the reason
					 for not being able to grant the request within this 20-day time period and
					 shall indicate a date certain within a reasonable time period beyond 20 days
					 when the records will be granted or denied in whole or in
					 part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 461 - Public Access to Records › Section 461.5 - Information exempted or excluded from inspection, denial of access to records and appeal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Exempted or excluded information. The records access officer shall review
					 requested records and deny access to records or delete identifying details that
					 are exempted or excluded from public scrutiny by law.
(b) Denial of access. The records access
					 officer's denial of access shall be in writing and shall state the reason for
					 the denial and advise the requester of the right to appeal within 30 days to
					 the identified records appeals officer.
(c) Appeal procedure.
(1) The Records Appeals Officer shall hear
					 and decide appeals from a denial of access. Appeals shall be made within thirty
					 days of the denial of access and shall be addressed to: Records Appeals
					 Officer, OPRHP, 625 Broadway, Albany, NY 12233.
(2) Appeals from a denial of access shall be
					 in writing and shall specify the:
(i) date
					 and location of requests for records;
(ii) records to which the requester was
					 denied access; and
(iii) name and
					 return address of the requester.
(3) The records appeals officer shall issue a
					 decision within 10 business days of receiving the appeal and shall transmit a
					 copy of the appeal and decision to the Committee on Open Government, Department
					 of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
(4) A final denial on appeal of access to a
					 requested record under this subdivision shall be subject to court review as
					 provided for in article 78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 461 - Public Access to Records › Section 461.6 - Fees for copies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No fee
					 shall be charged for inspecting records.
(b) The following fees shall be charged for
					 copying records except where a different fee is prescribed by statute:
(1) Paper copies (9 inches by 14 inches)
					 shall be assessed at $.25/per side of each sheet of paper.
(2) All others copies shall be assessed at
					 the actual cost of reproducing the record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 462 - Access To Personal Information › Section 462.1 - Procedures for providing access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form for request.
(1) All requests shall be made in writing
					 except that the agency may make records available upon an oral request made in
					 person.
(2) A request may be
					 addressed to the main office records access officer, to the personnel records
					 access officer or to a regional records access officer.
(3) A request shall reasonably describe the
					 record or records sought. Whenever possible, the data subject should supply
					 identifying information that will assist in locating the records
					 sought.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 462 - Access To Personal Information › Section 462.2 - Amendment to records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject
						for correction or amendment of a record or personal information that is
						reasonably described and pertains to the data subject, the agency shall
						either:
(a) make the amendment or
					 correction in whole or in part, and inform the data subject that, on request,
					 such correction or amendment will be provided to any person or governmental
					 unit to which the record or personal information has been or is disclosed,
					 pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law, and for which
					 the agency has a record of such disclosure or for which the data subject
					 supplies the name; or
(b) inform
					 the data subject in writing of its refusal to correct or amend the record,
					 including the reasons therefor, and identify the person to whom an appeal may
					 be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 462 - Access To Personal Information › Section 462.3 - Appeal procedure

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 this section may, within 30 business
					 days of such denial, appeal the denial.
(b) Such appeal shall be in writing and shall
					 be addressed to the Commissioner of Parks, Recreation and Historic Preservation
					 at the address shown at section 461.8(c) of this Title, and shall contain the
					 following:
(1) the date and location of the
					 request for a record or for amendment or correction of a record or personal
					 information;
(2) the record that is
					 the subject of the appeal; and
(3)
					 the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 462 - Access To Personal Information › Section 462.4 - 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 written
					 decision rendered pursuant to the appeal shall inform the data subject of the
					 right to:
(1) file with this agency a
					 statement of reasonable length setting forth the data subject's reasons for
					 disagreement with the determination; and
(2) request that such 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, and for which
					 the agency has a record of such disclosure or the data subject supplies the
					 name.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 462 - Access To Personal Information › Section 462.5 - Records which are exempt from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
The following records are exempt from disclosure:
(a) records specifically prohibited by
					 statute from disclosure;
(b)
					 patient records concerning mental disabilities or medical records where access
					 is not otherwise required by law;
(c) inmate records;
(d) attorney's work product;
(e) an accounting of a disclosure for law
					 enforcement purposes, if specifically notified not to make such disclosure by
					 the receiving agency; and
(f)
					 records or information which are not identifiable or retrievable without
					 extraordinary search methods.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.0 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Section
						3.19  of the Parks, Recreation and Historic
						Preservation Law provides that the Commissioner of Parks, Recreation and
						Historic Preservation, with the approval of the Director of the Budget, shall
						establish and may amend rules and regulations authorizing the payment of
						reasonable and necessary moving expenses, supplemental relocation payments,
						loss of favorable mortgage financing and closing costs to occupants of property
						acquired pursuant to such laws. The following rules and regulations shall apply
						to moving expenses, supplemental relocation payments, loss of favorable
						mortgage financing and closing costs to eligible persons caused by their
						displacement from real property acquired pursuant to such law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following terms shall
						mean:
(a) Office. Office of Parks,
					 Recreation and Historic Preservation, in the Executive Department.
(b) Department. The Executive
					 Department.
(c) Individual. A
					 person who is not a member of a family as hereinafter defined.
(d) Family. The term family means two or more
					 individuals, one of whom is the head of a household, plus all other
					 individuals, regardless of blood or legal ties, who live with and are
					 considered a part of the family unit. Where two or more individuals occupy the
					 same dwelling with no identifiable head of a household, they shall be treated
					 as one family.
(e) Business. The
					 term business means any lawful activity, excepting a farm operation, conducted
					 primarily:
(1) for the purchase, sale, lease
					 and rental of personal and real property, and for the manufacture, processing
					 or marketing of products, commodities or any other personal property;
(2) for the sale of services to the
					 public;
(3) by a nonprofit
					 organization; or
(4) solely for the
					 purpose of moving and related expenses for assisting in the purchase, sale,
					 resale, manufacture, processing or marketing of products, commodities, personal
					 property or services by the erection and maintenance of an outdoor advertising
					 display or displays, whether or not such display or displays are located on the
					 premises on which any of the above activities are conducted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.3 - General provisions applicable to residential and commercial moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions stated herein apply to eligible persons
						occupying property to which title vested in the State on or after July 1, 1971.
						Application for payment of moving expenses shall be made by an eligible person
						in writing to the commissioner upon forms prescribed and shall be accompanied
						by such information, evidence and executed vouchers as may be required. Such
						application shall be submitted to the commissioner through the regional park
						offices and payment of such moving expenses will be made to eligible persons
						under the circumstances and to the extent set forth herein.
(a) Any individual, family, business or farm
					 operator is eligible to receive payment for the reasonable expenses of moving
					 his personal property subsequent to the earlier of the following two dates:
(1) he is in occupancy at the initiation of
					 negotiations for the acquisition of the real property in whole or in part;
					 or
(2) he is in occupancy at the
					 time he is given a written notice by the State that it is their intent to
					 acquire the property by a given date or he is given notice to vacate the
					 property by a specific date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.4 - Residential moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
All eligible residential occupants will be entitled to
						reimbursement of actual, reasonable and necessary moving expenses or may elect
						a fixed amount in accordance with the counted-room allowance.
(a)
(1) If
					 the eligible person elects to receive a scheduled payment in lieu of actual,
					 reasonable and necessary moving expenses, the following schedules will apply:
ROOM-COUNT SCHEDULE
Unfurnished Units (Including
								  mobile homes)
1st room
2nd
3rd
4th
5th
6th & over
$50
$110
$150
$190
$225
$25 each
Mobile Homes
Sq. Ft.
300
300/500
500/700
700/800
800 over
$100
$150
$200
$250
$300
Furnished Units, Sleeping Rooms
								  (Including mobile homes)
1st room
2nd and remaining
$25
$15
(2) In addition to the amounts specified in
					 paragraph (1) of this subdivision, each relocated individual or family will be
					 entitled to a $200 dislocation allowance. When garages, sheds and outbuildings
					 are acquired and the eligible person's place of residence is not disturbed, or
					 when the eligible person's principal place of residence is not the appropriated
					 site, a fixed allowance may be applied per the aforementioned room-count
					 schedules less the $200 dislocation allowance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.6 - Procedure for actual cost-basis moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
On an actual cost basis, all bids, estimates and final
						bills being submitted on each phase of the move by moving concerns or skilled
						craftsmen, herein referred to as contractors, shall contain as a minimum, the
						following information:
(a) Name and
					 address of the contractor and date prepared.
(b) If estimates, bids or bills are to be
					 made on a hourly rate or some other basis, then such method must contain
					 sufficient data and explicit details to expedite meaningful analysis.
(c) An itemized list of the estimated or
					 actual charges for packing, unpacking, crating, dismantling, disconnecting,
					 reassembling and reconnection.
(d)
					 If any material is required, it must be itemized together with the costs. No
					 reimbursement will be made for the use of new materials in the reinstallation
					 of the personalty except when it is in the best interest of the
					 State.
(e) In cases where use of
					 trucks and other equipment are necessary, an itemized list of charges shall be
					 based upon an hourly, daily, weekly or monthly rate, whichever total amount is
					 lesser, based upon the number of estimated hours equipment will be used. The
					 estimated equipment rate or hourly wage rate shall not exceed the prevailing
					 industry rate for such equipment or labor. If the eligible person utilized
					 equipment or labor at a rate less than the rates paid by commercial movers, the
					 lesser rate will be used.
(f) If it
					 is determined by the commissioner that the bids, estimates or bills submitted
					 appear unreasonable, unnecessary or noncompensable, the eligible person may be
					 required to submit additional information considered necessary to determine the
					 reasonable and necessary cost of moving.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.7 - "in lieu of" moving expenses for business or farm occupants

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of actual, reasonable and necessary moving
						expenses, searching fees and actual direct losses of tangible personal
						property, a business or farm operation is eligible for a payment equal to the
						average annual net earnings of the displaced business or farm, except such
						payment shall not be less than $2,500 nor more than $10,000, providing the
						following requirements are met:
(a)
					 Business. The owner of the business eligible for relocation expenses must
					 submit a written application as prescribed by the commissioner with eligibility
					 for payment contingent upon the State's determination that the business:
(1) cannot be relocated without a substantial
					 loss of patronage, herein defined as the average dollar volume of business
					 transacted during the two taxable years immediately preceding the year in which
					 the business is relocated;
(2) is
					 not part of a commercial enterprise having at least one other establishment
					 which is not being acquired by the State or the United States and which is
					 engaged in the same or similar business; and
(3) the business contributes materially to
					 the income of the displaced owner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.8 - Actual, reasonable and necessary searching fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of a business, farm operation
					 or nonprofit organization, the eligible person or his qualified representative
					 may be reimbursed for the actual, reasonable and necessary expenses in
					 searching for a replacement site not to exceed $500. The owner of a displaced
					 advertising sign, eligible under section
					 463.3 
					 of this Part, may be reimbursed his actual, reasonable expenses in searching
					 for a replacement sign site not to exceed $100. Reimbursement will be limited
					 to the above amounts unless in exceptional cases the commissioner deems
					 otherwise.
(b) The expenses in
					 searching for a replacement site may include transportation expenses, meals and
					 lodging away from home and the reasonable value of time actually spent in
					 searching for a replacement site, including the actual, reasonable fees of
					 realtors or real estate brokers in such searching but not including any
					 commission for the sale of a property.
(c) The application for reimbursement shall
					 take the form of a summary affidavit which is to include the name and address
					 of the eligible person, a detailed summary of the work performed, dates and
					 hours worked and wage rate applied not to exceed $10 per hour. Lodging, mileage
					 and subsistence charges will be allowed according to and consistent with the
					 prevailing rates approved for State travel and expense purposes by the State
					 Comptroller for those types of expenditures.
(d) All actual, reasonable and necessary
					 expenses directly related to the search for replacement property must be
					 documented by detailed, receipted bills.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter VI - Miscellaneous › Subchapter A - Administrative Procedures › Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation › Section 463.9 - Actual direct losses of tangible personal property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actual direct losses of tangible personal
					 property are allowed in the case of a business, farm or nonprofit organization
					 when an eligible person who is displaced is entitled to relocate such personal
					 property but elects not to do so. Payments for such losses may only be made
					 after a bona fide effort has been made by the owner to sell the item(s)
					 involved. When the item(s) is sold, payment will be made according to the
					 following standards:
(1) If the business,
					 farm, etc. is reestablished, but the personal property is replaced with a
					 comparable item at the new location, payment shall be the lesser of:
(i) the replacement cost less the net
					 proceeds of the sale; or
(ii) the
					 estimated cost of moving the item.