reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless expressly otherwise provided, whenever used in this
				  Part the following terms shall mean or include:
(a) Agency means any State or municipal
				department, board, bureau, division, commission, committee, public authority,
				public corporation, council, office or other governmental entity performing a
				governmental or proprietary function for the State or any one or more
				municipalities thereof, except the Judiciary or the State
				Legislature.
(b) Authority means
				the Niagara Frontier Transportation Authority.
(c) Subsidiary corporation means the Niagara
				Frontier Transit Metro System, Inc., which exists now, or any additional
				subsidiary corporation which may be activated or created at a later
				time.
(d) Chairman means the
				chairman of the authority and the Niagara Frontier Transit Metro System, Inc.,
				or his delegate.
(e) Records means
				any information kept, held, filed, produced or reproduced by the authority or a
				subsidiary corporation, in any physical form whatsoever including but not
				limited to reports, statements, examinations, memoranda, opinions, folders,
				files, books, manuals, pamphlets, forms, papers, designs, drawings, maps,
				photos, letters, microfilms, computer tapes or discs, rules, regulations or
				codes.
(f) Records access officer
				means the chief financial officer of the authority and subsidiary corporation
				or his or her delegate.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.2 - Maintenance of records

Current through Register Vol. 46, No. 28, July 10, 2024
The authority and each subsidiary corporation shall
				  maintain:
(a) a record of the final
				vote of each member in every proceeding in which such member votes;
(b) a record setting forth the name, public
				office address, title and salary of every officer or employee of the authority
				and subsidiary corporation; and
(c)
				a reasonably detailed current list, by subject matter, of all records in the
				possession of the authority or subsidiary corporation, whether or not available
				under the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.3 - Records available for inspection or copying

Current through Register Vol. 46, No. 28, July 10, 2024
All records of the authority and any subsidiary corporation
				  are available for public inspection and copying, except those records or
				  portions thereof that:
(a) are
				specifically exempted from disclosure by State or Federal statute;
(b) if disclosed, would constitute an
				unwarranted invasion of personal privacy under the provisions of subdivision 2
				of section
				89 of the
				Public Officers Law;
(c) if
				disclosed would impair present or imminent contract awards or collective
				bargaining negotiations;
(d) are
				trade secrets or are submitted to the authority or a subsidiary corporation 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;
(e) are compiled for law enforcement purposes
				and which, if disclosed, would:
(1) interfere
				with law enforcement investigations or judicial proceedings;
(2) deprive a person of a right to a fair
				trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal criminal
				investigative techniques or procedures, except routine techniques and
				procedures;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.4 - Prevention of unwarranted invasions of personal privacy

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything to the contrary contained in this
				  Part, the authority or a subsidiary corporation may, prior to making the
				  records available for inspection or copying, delete such identifying details or
				  withhold records otherwise available under this Part as the authority or a
				  subsidiary corporation may deem appropriate to prevent an unwarranted invasion
				  of personal privacy, under the provisions of the Public Officers Law, section
				  89(2) and (2-a).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.5 - Requests for access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Requests for access to records of the Niagara Frontier Transportation Authority
				and/or any subsidiary corporations shall be in writing and addressed to:
Records Access Officer
Niagara Frontier Transportation Authority
Buffalo, N.Y. 14203
or made by e-mail in the format provided at
				  www.nfta.com.
Requests shall reasonably describe the record or records
				  sought. Whenever possible a person requesting records should supply information
				  regarding dates, file designations or other information that may help to
				  describe the records sought.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.6 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for access to records of the authority and/or its
				  subsidiary corporations will be accepted and records will be produced for
				  inspection and/or copying at the Metropolitan Transportation Center, 181
				  Ellicott Street, Buffalo, New York during regular office hours on regular
				  working days. The records access officer may require that an employee be in
				  attendance during an applicant's review of the requested
				  records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.7 - Response to requests for access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority and each subsidiary
				corporation shall, within five business days of the receipt of a written
				request for access to records which reasonably describes the records sought,
				respond to such request. If the authority and each subsidiary corporation do
				not provide or deny access to the records sought within five business days of
				receipt of a request, the authority or the subsidiary corporation shall furnish
				a written acknowledgment of receipt of the request and a statement of the
				approximate date which shall be reasonable under the circumstances of the
				request, when the request will be granted or denied. If the authority fails to
				respond to a request within five business days of receipt of a request with a
				written acknowledgment, such failure shall be deemed a denial of access by the
				authority. If the authority determines to grant a request in whole or in part,
				and if circumstances prevent disclosure within 20 business days from the date
				of the acknowledgment of the receipt of the request, the authority shall state
				in writing both the reason for the inability to grant the request within 20
				business days and a date certain within a reasonable period, depending on the
				circumstances, when the request will be granted in whole or in part. If the
				authority fails to comply with this requirement, such failure shall be deemed a
				denial of access by the authority. Denial of access to the records, in whole or
				in part, shall be in writing, stating the reason therefore and advising the
				person denied access of his or her right to appeal to the chairman of the
				authority or subsidiary corporation, who shall be further identified by name,
				business address and business telephone number.
(b) Upon payment of the fee set forth below,
				the authority or a subsidiary corporation shall provide a copy of the requested
				records and certify to the correctness of such copy if so requested, or, as the
				case may be, shall certify that it does not have possession of such record or
				that such record cannot be found after diligent search. Nothing in this Part
				shall be construed to require the authority or a subsidiary corporation to
				prepare any record not possessed or maintained by such entity, except the
				records specified in subdivision 3 of section
				87 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.8 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Any person denied access to a record may, within 30 days,
				  appeal such denial in writing to the chairman of the authority, or the chairman
				  of the subsidiary corporation, as the case may be. The time for deciding an
				  appeal shall commence upon receipt of a written appeal identifying the date of
				  requests for records, the records that were denied and the name and return
				  address of the appellant. The authority shall transmit to the Committee on Open
				  Government copies of all appeals upon receipt. The chairman shall inform the
				  appellant and the Committee on Open Government of his or her decision in
				  writing within 10 business days of the receipt of an appeal as specified
				  above.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.9 - Trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the time
				a record is submitted to the authority or a subsidiary corporation a request
				may be made to except information contained in the record from disclosure
				pursuant to section
				87
				(2)(d) of the Public Officers Law. Where the
				request itself contains information which if disclosed would defeat the purpose
				for which the exception is sought, such information shall also be excepted from
				disclosure. The request for an exception shall be in writing and state the
				reasons why the information should be excepted from disclosure. Information
				submitted as provided in this section shall be excepted from disclosure and be
				maintained apart by the authority or a subsidiary corporation from all other
				records until 15 days after the entitlement to such exception has been finally
				determined or such further time as ordered by a court of competent
				jurisdiction.
(b) On the initiative
				of the authority at any time, or upon the request of any person for a record
				excepted from disclosure pursuant to this section, the authority or a
				subsidiary corporation shall:
(1) inform the
				person who requested the exception of the authority's intention to determine
				whether such exception should be granted or continued;
(2) permit the person who requested the
				exception, within 10 business days of receipt of notification from the
				authority, to submit a written statement of the necessity for the granting or
				continuation of such exception;
(3)
				within seven business days of receipt of such written statement, or within
				seven business days of the expiration of the period prescribed for submission
				of such statement, issue a written determination granting, continuing or
				terminating such exception and stating the reasons therefor. Copies of such
				determination shall be served upon the person, if any, requesting the record,
				the person who requested the exception, and the Committee on Open
				Government.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for copies of records not in excess of 9 by 14 inches
				  is 25 cents per copy. The fee for copies of all other records shall be the
				  actual cost of reproducing the record, except when a different fee is otherwise
				  prescribed by statute.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1156 - Rules Governing Public Access To Records Of The Niagara Frontier Transportation Authority And Niagara Frontier Transit Metro System, Inc › Section 1156.11 - Public notice, severability, effective date of rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority and each subsidiary
				corporation shall publicize, by posting in a conspicuous location in the
				Transportation Center, 181 Ellicott Street, Buffalo, New York, and/or by
				publication in a local newspaper of general circulation:
(1) the location where records shall be made
				available for inspection and copying;
(2) the name, title, business address and
				business telephone number of the designated records access office;
				and
(3) the right to appeal by any
				person denied access to a record, and the name and business address of the
				person or body to whom an appeal is to be directed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.1 - Purpose and authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to establish such additional procedures as are
				necessary for the implementation of the State Environmental Quality Review Act
				(SEQR) by the Niagara Frontier Transportation Authority and its subsidiary
				corporations which exist now or may be created at a later time.
(b) The authority for the issuance of this
				Part is contained in section 8-0107, article 8 of the State Environmental
				Conservation Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				context otherwise requires, the definitions contained in section 8-0105 of SEQR
				shall be applicable to this Part with the exception of the following terms:
(1) Applicant means any person making an
				application or other request for an action by the authority.
(2) Chairman means the Chairman of the
				Niagara Frontier Transportation Authority.
(3) Authority means the Niagara Frontier
				Transportation Authority.
(4)
				Exempt act means maintenance or repair involving no substantial changes in
				existing structure or facility, actions which are immediately necessary on a
				limited emergency basis for the protection or preservation of life, health,
				property or natural resources and all other types of actions listed in Appendix
				23-A and Appendix 23-B of this Chapter, infra.
(5) Ministerial act means an act performed
				upon a given state of facts in a prescribed manner imposed by law without the
				exercise of any judgment or discretion as to the propriety of the action
				although the law may require in some degree a construction of its language or
				intent including all acts listed in Appendix 23-B of this Chapter,
				infra.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.3 - Applicability and general rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this Part shall be effective as of the dates prescribed in
				SEQR.
(b) All actions of the
				authority shall be fully subject to this Part and the procedures contained in
				this Part shall be followed except for actions undertaken or approved prior to
				the effective date or dates of SEQR, exempt acts, ministerial acts, Type II
				actions and actions which are a part of, and in compliance with, a program for
				which an environmental impact statement has been prepared.
(c) No commitment to commence or to engage in
				an action for which an FEIS is required pursuant to this Part or to issue to an
				applicant a permit which grants permission to such applicant to commence or
				engage in an action for which an FEIS is required pursuant to this Part shall
				be made by the authority until after the filing of an FEIS for such action and
				until after the authority has made the decision making findings as are required
				in section
				1157.9 of this Part and, in the
				case of an applicant, all requisite fees and costs have been paid by the
				applicant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.4 - Responsibilities of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Applicants to the authority for a permit
				which will grant permission to the applicant to commence or engage in a project
				or activity may be requested by the authority, and if so requested, shall
				submit to the authority an environmental assessment in the form prescribed by
				the State Department of Environmental Conservation which describes and analyzes
				the environmental impact and effect of the proposed project or activity of the
				applicant in sufficient detail for the authority to determine:
(i) Whether the proposed project or activity
				of the applicant constitutes an exempt act.
(ii) Whether the issuance of such permit by
				the authority is a ministerial act.
(iii) Whether the proposed project or
				activity of the applicant constitutes a Type II action.
(iv) Whether the proposed project or activity
				of the applicant may or will not have a significant effect on the
				environment.
(v) Which other
				agencies, including Federal agencies, have jurisdiction by law, rule or
				regulation over the proposed project or activity of the applicant and whether
				or not the authority is the lead agency with respect to the proposed action or
				activity.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.5 - Procedures prior to DEIS preparation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions involving an applicant.
(1) Within 15 days after the submission of a
				completed application and, if requested, an environmental assessment, by an
				applicant, the authority shall determine whether the issuance of such requested
				permit is an action subject to this Part pursuant to section
				1157.3 of this Part and, if
				subject to this Part, whether the proposed project or activity may have a
				significant effect on the environment. Written notification of the authority's
				determination will be given to the applicant.
(2) If the authority determines that the
				issuance of the requested permit would be an action subject to this Part, the
				authority shall file its determination and make public notice of such
				determination as to whether the proposed project or activity may or will not
				have a significant effect on the environment in accordance with the procedures
				specified in subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.6 - DEIS procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Should
				the authority determine that its proposed action or the proposed project or
				activity of an applicant may have a significant effect on the environment, and
				should the authority be the lead agency or only agency involved, then the
				authority shall prepare a DEIS, cause a DEIS to be prepared or request the
				applicant to prepare a DEIS in accordance with section
				1157.4 of this Part, as may be
				appropriate. Such DEIS shall be in accordance with SEQR.
(b) Upon completion of the DEIS, the
				authority shall issue a notice of completion which shall contain the following:
(1) A brief description of the action covered
				by the DEIS and the location of its potential impacts and effects;
(2) A statement indicating where copies of
				the DEIS are available for review and how copies of the DEIS can be obtained
				from the authority; and
(3) A
				statement that comments on the DEIS are requested and will be received and
				considered by the authority at the main office of the authority for a period of
				not less than 30 calendar days from the first filing of the notice pursuant to
				subdivision (c) of this section or not less than 10 calendar days following a
				public hearing at which the environmental impacts of the proposed action are
				considered.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.7 - FEIS procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If,
				after the completion of the DEIS, the receipt of comments on the DEIS and after
				the close of public hearing, if held, the authority determines that the
				proposed action of the authority or the proposed project or activity of an
				applicant may have a significant effect on the environment, the authority shall
				prepare or cause to be prepared and file an FEIS in accordance with the
				provisions of SEQR. However, if the authority requests an applicant to prepare
				a supplemental environmental report, the authority shall not commence
				preparation of the FEIS nor cause its preparation to be undertaken until a
				completed supplemental environmental report is received.
(b) Upon completion of the FEIS, the
				authority shall send and file notices of completion of the FEIS in the same
				manner as is required for sending and filing of notices of completion of the
				DEIS pursuant to subdivision (c) of section
				1157.6 of this Part. The FEIS
				shall be filed in the same manner as is required for a DEIS pursuant to
				subdivision (d) of section
				1157.6 of this Part.
(c) The authority shall maintain a file or
				files open to public inspection which contains the FEIS's and notices of
				completion for all FEIS's it has prepared or has caused to be
				prepared.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.8 - Actions involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where there has been duly prepared under
				the National Environmental Policy Act of 1969, both a draft environmental
				impact statement and a final environmental impact statement for a proposed
				action, the authority shall have no obligation with respect to his Part except
				that:
(1) The environmental impact statements
				shall contain or be supplemented by a description of any growth-inducing
				aspects of the proposed action and a discussion of the effects of the proposed
				action on the use and conservation of energy, and
(2) The authority shall make and file, in
				accordance with section
				1157.9 of this Part, the findings
				required by section 8-0109, subdivision 8 of SEQR, except where the authority
				did not participate in the preparation of the Federal environmental impact
				statement, such Federal report shall be supplemented only by the items set
				forth in paragraph (1) of this subdivision.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.9 - Decision-making findings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				the authority decides to carry out or approve an action which may have a
				significant effect on the environment, the authority shall make the following
				findings in a written determination:
(1) That
				the authority, to the maximum extent practicable, has acted and chosen an
				alternative, from among the reasonable alternatives thereto, which, consistent
				with social, economic and other essential considerations of State policy,
				minimizes or avoids adverse environmental effects, including effects revealed
				in the relevant environmental impact statement, and
(2) Consistent with social, economic and
				other essential considerations of State policy, all practicable means will be
				taken in carrying out or approving the action to minimize or avoid adverse
				environmental effects.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority
				may charge a fee to an applicant for the preparation and/or review of an
				environmental impact statement. The fee charged shall be the entire cost to the
				authority of such preparation and/or review. The costs shall include personal
				services of authority employees computed at an hourly rate, fringe benefits
				attributable to such personal services, overhead attributable to such personal
				services plus any other costs attributable to impact statement preparation or
				review.
(b) The authority may also
				charge a fee to an applicant for the costs of publishing or filing any notices
				required by this Part and for costs incurred in the conducting of a public
				hearing. The fee charged shall be the entire cost to the authority of such
				publishing, filing or hearings. The costs shall include personal services of
				authority employees computed at an hourly rate, fringe benefits attributable to
				such personal services, printing costs, stenographic costs and all other costs
				attributable to such publishing, filing or hearings.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1157 - Implementation Of State Environmental Quality Review Act › Section 1157.11 - Appendixes

Current through Register Vol. 46, No. 28, July 10, 2024
[See Appendixes 23-A, B and C of this Chapter, infra.
				  ]
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless expressly otherwise provided, whenever used in this
				  Part, the following terms shall mean or include:
(a) Authority means the Niagara Frontier
				Transportation Authority and any subsidiary corporations.
(b) Committee means the Committee on Open
				Government as constituted pursuant to subdivision 1 of section
				89 of the
				Public Officers Law.
(c) Data
				subject means any natural person about whom personal information has been
				collected by the authority.
(d)
				Disclose means to reveal, release, transfer, disseminate or otherwise
				communicate personal information or records orally, in writing or by electronic
				or any other means other than to the data subject.
(e) Personal information means any
				information concerning a data subject which, because of name, number, symbol,
				mark or other identifier, can be used to identify that data subject.
(f) Public safety agency record means a
				record of the authority's transit police department if such record pertains to
				investigation, law enforcement, confinement of persons in correctional
				facilities or supervision of person pursuant to criminal conviction or court
				order.
(g) Record means any item,
				collection or grouping of personal information about a data subject which is
				maintained and is retrievable by use of the name or other identifier of the
				data subject irrespective of the physical form or technology used to maintain
				such personal information. The term record shall not include personal
				information which is not used to make any determination about a data subject if
				it is:
(1) a telephone book or directory
				which is used exclusively for telephone and directory information;
(2) any card catalog, book or other resource
				material in any library;
(3) any
				compilation of information containing names and addresses only which is used
				exclusively for the purpose of mailing agency information;
(4) personal information required by law to
				be maintained, and required by law to be used, only for statistical research or
				reporting purposes;
(5) information
				requested by the authority which is necessary for the authority to answer
				unsolicited requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part provides procedures for implementation by the
				  authority of the provisions of the Personal Privacy Protection
				  Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.3 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chief financial officer is hereby
				designated privacy compliance officer and is responsible for ensuring that the
				authority complies with the provisions of the Personal Privacy Protection Law
				and the regulations herein and for coordinating the authority's response to
				requests for records or amendment of records.
(b) The director, human resources, is hereby
				designated employee privacy compliance officer and is responsible for
				coordinating the authority's response to requests for records or amendments of
				records relating to data subjects who are employees or former employees of the
				authority.
(c) The address of the
				chief financial officer and the director, human resources, is Niagara Frontier
				Transportation Authority, 181 Ellicott Street, Buffalo, NY 14203.
(d) The privacy compliance officer and the
				employee privacy compliance officer are responsible for:
(1) assisting a data subject in identifying
				and requesting personal information, if necessary;
(2) describing the contents of systems of
				records orally or in writing in order to enable a data subject to learn if a
				system of records includes a record or personal information identifiable to a
				data subject requesting such record or personal information;
(3) taking one of the following actions upon
				locating the record sought:
(i) make the
				record available for inspection, in a printed form without codes or symbols,
				unless an accompanying document explaining such codes or symbols is also
				provided;
(ii) permit the data
				subject to copy the record; or
(iii) deny access to the record in whole or
				in part and explain in writing the reasons therefor;
(4) making a copy available, upon request,
				upon payment of or offer to pay established fees, if any, or permitting the
				data subject to copy the records;
(5) upon request, certifying that a copy of a
				record is a true copy; or
(6)
				certifying, upon request, that:
(i) the
				agency does not have possession of the record sought;
(ii) the agency cannot locate the record
				sought after having made a diligent search; or
(iii) the information sought cannot be
				retrieved by use of the description thereof, of by use of the name or other
				identifier of the data subject without extraordinary search methods being
				employed by the authority or its subsidiary corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.4 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				request is made in person, or when records are made available in person
				following a request made by mail, the authority may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the authority, a photograph or similar information that confirms
				that the record sought pertains to the data subject.
(b) When a request is made by mail, the
				authority may require verification of a signature or inclusion of an identifier
				generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record accessible to
				the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.5 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available at the main office of the
				  authority, which is located at 181 Ellicott Street, Buffalo,
				  NY.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.6 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall accept requests for records and produce
				  records during regular business hours, which are 8:00 a.m. to 4:00
				  p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.7 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests
				shall be made in writing, except that the authority may make records available
				upon an oral request made in person after the applicant has demonstrated proof
				of identity.
(b) A request shall
				reasonably describe the record sought. Whenever possible, the data subject
				should supply identifying information that assists the authority in locating
				the records sought.
(c) Request
				based upon categories of information described in a notice of a system of
				records or a privacy impact statement shall be deemed to reasonably describe
				the record sought.
(d) Within five
				business days of the receipt of a request, the authority shall provide access
				to the record, deny access in writing explaining the reasons therefor, or
				acknowledge the receipt of the request in writing, stating the approximate date
				when the request will be granted or denied, which date shall not exceed 30 days
				from the date of the acknowledgement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.8 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of receipt of a request from a data
				  subject for correction or amendment of a record or personal information that is
				  reasonably described and that pertains to the data subject, the authority
				  shall:
(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 one of section
				96 of the
				Public Officers Law; or
(b) inform
				the data subject in writing of its refusal to correct or amend the record,
				including the reasons therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.9 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				of a request for records or amendment or correction of a record or personal
				information:
(1) shall be in writing,
				explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				may be directed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.10 - Appeal

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 section
				1158.9 of this Part may, within 30
				days of such denial, appeal to the chairman of the authority.
(b) The time for deciding an appeal shall
				commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				record or 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 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.11 - 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
				determination rendered pursuant to the appeal shall inform the data subject of
				the right to:
(1) file with the authority a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determination;
(2) request that such a 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
				one of section
				96 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.12 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1158 - Personal Privacy Protection › Section 1158.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part of the application thereof to
				  any person or circumstances is adjudged invalid by a court or 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
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1159 - Procurement Guidelines of Niagara Frontier Transportation Authority and Niagara Frontier Transit Metro System, Inc › Section 1159.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Set forth herein are comprehensive guidelines established for
				  the purpose of governing the procurement of goods and services by the Niagara
				  Frontier Transportation Authority and Niagara Frontier Transit Metro System,
				  Inc. (together the authority). The Greater Buffalo-Niagara Regional
				  Transportation Council (GBNRTC) and the Niagara International Transportation
				  Technology Coalition (NITTEC), for which the authority serves in a limited
				  capacity as "host agency," has agreed to procure goods and services consistent
				  with these guidelines.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1159 - Procurement Guidelines of Niagara Frontier Transportation Authority and Niagara Frontier Transit Metro System, Inc › Section 1159.2 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
It is the authority's intent to implement and strictly
				  enforce procurement guidelines that encourage and promote open competition;
				  ensure fairness and equity in the procurement process; and result in the
				  acquisition of goods and services at fair and reasonable
				  prices.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1159 - Procurement Guidelines of Niagara Frontier Transportation Authority and Niagara Frontier Transit Metro System, Inc › Section 1159.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Advertisement.
(1) The
				publication of a notice of procurement opportunity in any of the following
				forums, as is appropriate: newspapers of general circulation in Erie and
				Niagara County; regional, State, national and international trade journals and
				magazines; newsletters, MBE/WBE/DBE/SDVOB publications that may exist from time
				to time and the authority website.
(2) The dissemination of a notice of
				procurement opportunity to three or more potential bidders, proposers, or
				suppliers by telephone, in writing or by e-mail.
(3) Any or all methods of advertisement as
				are herein defined may be utilized as is necessary and appropriate to promote
				competition under the guidelines.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1159 - Procurement Guidelines of Niagara Frontier Transportation Authority and Niagara Frontier Transit Metro System, Inc › Section 1159.4 - Guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Procurement protocol.
The primary objective of procurement is to ensure and foster
				  economy, efficiency and effectiveness in the acquisition of goods and services.
				  To achieve these goals it is essential that all of the participants in the
				  procurement process have a clear understanding of their roles and
				  responsibilities. Set forth in this subdivision is a general outline of the
				  various departmental functions to be fulfilled in the procurement process. The
				  procurement department maintains a comprehensive written procurement systems
				  manual based on these concepts.
(1)
				Procurement department.
(i) The procurement
				department shall be responsible for conducting the following minimum
				pre-procurement planning activities on at least an annual basis:
(a) forecasting the price and availability of
				items and materials for user departments;
(b) developing a purchasing schedule for IFBs
				and RFPs;
(c) establishing
				purchasing goals and objectives.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1159 - Procurement Guidelines of Niagara Frontier Transportation Authority and Niagara Frontier Transit Metro System, Inc › Section 1159.5 - Forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Code of
				ethics.
In addition to the requirements imposed by (i) Sections 73
				  and 74 of the New York Public Officers Law, which govern outside
				  business/professional activities and conflicts of interest, respectively, and
				  apply to all employees of the Authority, (ii) Authority Policy 01-01-04 (Code
				  of Ethics) and (iii) the Board of Commissioners Code of Ethics, the authority
				  will assure that ethical conduct is maintained by adhering to the following
				  requirements:
(1) No employee,
				officer, commissioner, or agent of the authorityshall participate in the
				selection, or in the award or administration of a contract, if a conflict of
				interest real or apparent would be involved. Such a conflict would arise when:
(i) the commissioner, officer, employee, or
				agent;
(ii) any member of
				his* immediate family;
(iii) his partner; or
(iv) an organization that employs, or is
				about to employ, any of the above, has a financial or other interest in the
				firm selected for award.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY › Part 1160 - COMMERCIAL GROUND TRANSPORTATION RULES AND REGULATIONS FOR THE LANDSIDE TERMINAL OPERATIONS AT THE BUFFALO NIAGARA INTERNATIONAL AIRPORT › Section 1160.1 - Introduction and objective

Current through Register Vol. 46, No. 28, July 10, 2024
The objective of these rules and regulations governing
				  commercial ground transportation at Buffalo Niagara International Airport is to
				  promote high quality and reasonably priced ground transportation services
				  consistent with the public safety and convenience, to insure the efficient
				  movement of passengers to and from the airport terminal, to foster competition
				  among providers of ground transportation services, and to develop revenues for
				  support of the airport system.