N.Y. Comp. Codes R. & Regs. Tit. 21 § 9700.7 - 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 section
9700.5(d)
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:
Douglas A. Eldridge, General Counsel
New York State Low-Level Radioactive Waste
Disposal Facility Siting Commission
2 Third Street, 4th Floor
Troy, NY 12180, (518) 271-1585
(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 requests 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 section
9700.5(d)
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 10
business days of receipt of an appeal.
(f) The person or body designated to hear
appeals shall transmit to the Committee on Open Government copies of all
appeals upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
162 Washington Avenue
Albany, NY 12231
(g) The person or body designated to hear
appeals shall inform the appellant and the Committee on Open Government of its
determination in writing within 10 business days of receipt of an appeal. The
determination shall be transmitted to the Committee on Open Government in the
same manner as set forth in subdivision (f) of this section.
Notes
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