New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle MM - Office of Homeland Security › Part 10025 - Public Access To Records › Section 10025.4 - Designation of records access officer: duties

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Executive Law, §§ 709(2)(n), 710; Public
				  Officers Law, § 87(1)(b)
There shall be designated by the director of the Office of
				  Homeland Security a records access officer who shall be located at the Office
				  of Homeland Security.
(a) The records
				access officer shall:
(1) compile and
				maintain a record setting forth the name, public office address, title and
				salary of every officer or employee of the agency and a reasonably detailed
				current list by subject matter, of all records in possession of the agency,
				whether or not available under article 6 of the New York State Public Officers
				Law;
(2) supervise such personnel
				as may be assigned by the director and relating to the access of the records of
				the Office of Homeland Security. This staff shall assist the records access
				officer in responding to requests for records and shall, whenever necessary,
				assist anyone requesting access to a record;
(3) except as provided for in sections
				10025.9
				and
				10025.10 
				of this Part, make a determination to grant or deny a request to inspect and/or
				copy a record, or to permit the requesting party to copy from a photocopy of
				the original record with portions deleted there from in accordance with
				applicable law;
(4) if a request to
				inspect and copy a record is granted, advise the requesting party as to when
				and where such inspection and copying shall take place and shall be in
				accordance with the procedure set forth in section
				10025.8 
				of this Part;
(5) if a request to
				examine or copy a record is denied, in whole or in part, advise the requesting
				party of the reasons for the denial in writing and shall instruct the party as
				to the appeals process as provided in section
				10025.9
				or
				10025.10 
				of this Part;
(6) if a request to
				inspect and copy a record is granted, in whole or in part, advise the
				requesting party as to the cost thereof, according to the fee schedule set
				forth in section
				10025.12  of this Part, and
				when such copy will be forwarded or made available to the requesting party;
				and
(7) if a request to inspect or
				copy records relating to article 6, section 89 (5)(a)(1) or section 89 (5)(1-a)  of the Public
				Officers Law is received by the records access officer and a person or entity
				has requested that such record be excepted from disclosure, the records access
				officer shall:
(i) inform the person or
				entity of the disclosure request and his/her intention to make a decision as to
				whether or not the information sought should be disclosed;
(ii) request said person or entity submit a
				written statement in accordance with section
				10025.6 
				of this Part as to the necessity for the granting or the continuation of an
				exception of the information from disclosure;
(iii) issue a written determination in
				accordance with section
				10025.6 
				of this Part and advising the party as to the granting, continuing or
				terminating such exception and stating the reasons therefor; and
(iv) serve copies of said determination upon:
				the party requesting the record; the party requesting the exception; and the
				Committee on Open Government.