New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 188 - State Government Archives And Records Management › Section 188.26 - Public access to archival records from state agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director, or a designee, whose office
				  is located in Room 9C49, Cultural Education Center, Albany, NY, shall serve as
				  the records access officer for all archival records which are in the State
				  Archives and in the official legal and physical custody of the State Archives.
				  Access to these archival records shall be subject to the provisions of this
				  section and Part 187 of this Title. In the event of a conflict, the provisions
				  of this section shall apply.
(b)
				  Archival records shall be available for inspection at the State Archives
				  research room located on the 11th floor of the Cultural Education Center,
				  Albany, NY 12230. Archival records shall be available during normal business
				  hours for use by any individual subject to procedures needed to ensure the
				  security and preservation of the records. Catalogs, inventories, lists, and
				  other finding aids describing records in the State Archives are available to
				  assist researchers.
(c) Requests to
				  inspect or to obtain copies of archival records may be made orally or in
				  writing. The records access officer shall have the right to require that any
				  request shall be in writing in a form prescribed by the records access
				  officer.
(d) The records access
				  officer reserves the right to review requested records and to withhold access
				  to records or portions of records that may be exempted from public disclosure
				  by subdivision 2 of section 87  of the Public Officers Law (Freedom of
				  Information Law).
(e) The records
				  access officer shall not restrict or deny access to any records more than 75
				  years old, except pursuant to statutory provisions which explicitly prohibit
				  access to the records.
(f) The
				  director may establish conditions to permit controlled access to certain
				  records in the State Archives which may be exempt from disclosure under law,
				  provided that there are no statutory provisions which explicitly prohibit
				  access to the records. In establishing such access conditions, the director may
				  enter into a memorandum of understanding with the agency that transferred the
				  records to the State Archives to require the prior review of the agency before
				  the records access officer makes a decision to permit access to the
				  records.
(g) With respect to
				  records which are determined not to be available, the records access officer
				  shall inform the person requesting the records in writing of such
				  denial.
(h) Appeals shall be
				  directed to the commissioner within 30 days after denial from which such appeal
				  is taken. Appeals shall be determined by the commissioner or an authorized
				  representative.
(i) Copies of
				  records will be provided at a cost not to exceed that permitted in the Freedom
				  of Information Law.