N.Y. Comp. Codes R. & Regs. Tit. 21 § 4800.7 - Denial of access to records
(a) Denial of access to records shall be in
writing, stating the reason therefor and advising the requester of the right to
appeal to the individual or body established to hear appeals.
(b) If requested records are not provided
promptly, as required in subdivision (d) of section
4800.5
of this Part, such failure shall also be deemed a denial of access.
(c) The following person or persons or body
shall hear appeals for denial of access to records under the Freedom of
Information Law:
Counsel
Temporary State Commission on the Real
Property Tax
99 Washington Avenue, Suite 1012
Albany, N.Y. 12210
(d) The time for deciding an appeal by the
individual or body designated to hear appeals shall commence upon receipt of a
written appeal identifying:
(1) the date of
the appeal;
(2) the date and
location of the request for records;
(3) the records to which the requester was
denied access;
(4) whether the
denial of access was in writing or due to failure to provide records promptly
as required by subdivision (d) of section
4800.5
of this Part; and
(5) the name and
return address of the requester.
(e) The individual or body designated to hear
appeals shall inform the requester of its decision, in writing, within seven
business days of receipt of an appeal.
(f) The person or body designated to hear
appeals shall transmit to the Committee on Public Access to Records copies of
all appeals upon receipt of appeals. Such copies shall be addressed to:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, N.Y. 12231
(g) The person or body designated to hear
appeals shall inform the appellant and the Committee on Public Access to
Records of its determination, in writing, within seven business days of receipt
of an appeal. The determination shall be transmitted to the Committee on Public
Access to Records in the same manner as set forth in subdivision (f) of this
section.
Notes
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