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 550.8 - Procedure to be followed in the event of denial of access to records or denial of exception from disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				executive deputy commissioner hereby designates the Counsel in the Office of
				Counsel of the office as "records appeals officer" to decide appeals from
				denial of access to records or denial of exception from disclosure under the
				Freedom of Information Law. The ad dress of the records appeals officer is:
				Counsel, Office of Counsel, New York State Office of Information Technology
				Services, State Capitol/Empire State Plaza, P.O. Box 2062, Albany, NY 12220.
				The records appeals officer may designate one or more members of the office, as
				he or she deems necessary, to serve as assistant records appeals officer and
				such assistant or assistants shall have only those functions and
				responsibilities which are expressly designated to the assistant or assistants
				by the records appeals officer.
(b) Denial of access to requested records and
				denial of exception from disclosure by the records access officer shall be in
				writing, stating the reason for the denial and informing the requester of his
				or her right to appeal the denial to the records appeals officer. The written
				notice of denial shall also contain the name, title, business address, and
				business telephone number of the records appeals officer. Notice of such denial
				shall also be given to the agent or authorized representative of the requester,
				if any.
(c) A person who has been
				denied access to a requested record by the records access officer shall have
				the right to appeal the denial to the records appeals officer within the
				following limitations of time:
(1) If the
				records access officer responds to the request with a written statement of
				denial of access to records within the required five business days, said
				five-day period computed as provided in section
				550.5(c)(1) of
				this Part, or by the approximate date identified in the response acknowledging
				receipt of the request, a written statement of appeal must be received by the
				records appeals officer 30 days from the date of denial of access to the
				requested record.
(2) In the event
				that the records access officer fails to produce a record or deny a request for
				access to records by the approximate date identified in the response
				acknowledging receipt of the request, the request shall be deemed denied, and a
				written statement of appeal must be received by the records appeals officer
				within 30 days following the 10th business day from the approximate date
				provided by the records access officer at the time application for access is
				made.
(3) If the records access
				officer fails to process a request for records without explanation or reason to
				the requester thereof within five business days, said five-day period computed
				as provided in section
				550.5(c)(1) of
				this Part, the request shall be deemed denied, and a written statement of
				appeal must be received by the records appeals officer 30 days from the date of
				the application for access to records.