N.Y. Comp. Codes R. & Regs. Tit. 9 § 10025.10 - Denial of requests to except or access trade secrets and critical infrastructure information

Statutory authority: Executive Law, § 709; Public Officers Law, §§ 87(1)(b), 89(5)

(a) Appeals from persons seeking an exception or disclosure of records pursuant to article 6, section 89 (5) of the Public Officers Law shall be made to the Chief Counsel for the Office of Homeland Security, who is designated by the director to hear and determine appeals on denial of access to records. Any appeal shall be within seven business days from receipt of the notice granting or denying a request.

(b) The chief counsel shall inform the requesting party seeking records excepted pursuant to article 6, section 89 (5) of the Public Officers Law or the party requesting an exception or a continuation of an exception of records of his/her decision, in writing, within 10 business days from receipt of the appeal. If the chief counsel decides to permit inspection of the requested record or any portion thereof, chief counsel shall advise the person or entity seeking an exception from disclosure that within 15 days of service of the written notice required by this subdivision that they have the right to judicial review of the decision to permit disclosure under article 78 of the Civil Practice Law and Rules (CPLR). Any record shall not be disclosed prior to the expiration of 15 days after service of the written notice to disclose or the conclusion of any hearing or proceeding brought pursuant to article 78 of the CPLR, if any.

(c) If the chief counsel decides that any record or any portion thereof shall be disclosed, such disclosure shall be made in accordance with section 10025.8 of this Part.

(d) If the chief counsel decides to continue the denial of access to the record, then said notice, shall fully explain the reasons for the further denial and shall advise the requesting party of the right to judicial review of the decision under article 78 of the Civil Practice Law and Rules (CPLR). Written notice of the determination shall be served upon the person requesting the record, the person who requested the exception and the committee on public access to records and shall contain a statement of the reasons for the determination.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 10025.10