N.Y. Comp. Codes R. & Regs. Tit. 21 § 501.8 - Denial of access to records

(a) Denial of access to records shall be in writing, stating the reason therefor, advising the requester of the right to appeal to the individual designated to hear appeals, and stating that an appeal must be taken within 30 days of receipt of the denial.

(b) If requested records are not provided within the time required in section 501.5 of this Part, such failure shall also be deemed a denial of access.

(c) The following person shall hear appeals from denial of access to records under the Freedom of Information Law:

President and Chief Executive Officer

New York State Energy Research and Development Authority

17 Columbia Circle

Albany, NY 12203-6399

(518) 862-1090

(d) The time for deciding an appeal by the individual designated to hear appeals shall commence upon his receipt of a written appeal which sets forth:

(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 as required by section 501.5 of this Part; and

(5) the name and return address of the requester.

(e) The individual designated to hear appeals shall inform the requester of his decision, in writing, within seven business days of his receipt of an appeal. A denial in whole or in part of a request on appeal shall set forth the exemption relied on, a brief explanation, consistent with the purpose of the exemption, of how the exemption applies to the records withheld, and the reasons for asserting it. A denial in whole or in part shall also inform the requester of his right to seek judicial review of the authority's final determination. The president and chief executive officer may ask the requester for an extension of time to render the final determination. The president and chief executive officer shall inform the requester of the reason for the request for the extension and of the date upon which the final determination may be expected.

(f) The person designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of the appeal. Such copies shall be addressed to:

Committee on Open Government

Department of State

41 State Street

Albany, NY 12231

(g) The person designated to hear appeals shall inform the requester and the Committee on Public Access to Records of his determination, in writing, within seven business days of his receipt of an appeal, unless the requester shall have agreed to an extension of time for the determination of the appeal. Any request by the authority to the requester for additional time in which to issue its determination on appeal shall also be transmitted promptly to the Committee on Public Access to Records. 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.

(h) A final determination denying access to a requested record shall be subject to judicial review pursuant to article 78 of the Civil Practice Law and Rules.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 21 § 501.8