N.Y. Comp. Codes R. & Regs. tit. 9, § 5400.2 – Appeals of denial of access to records. | Midpage
§ 5400.2
N.Y. Comp. Codes R. & Regs. tit. 9, § 5400.2
Appeals of denial of access to records.
Executive Department
(a) Any person who has been denied access to records by the records access officer may appeal such denial to the records access appeals officer.
(b) The appeal must be made within 30 days of the denial of access, as required by Public Officers Law section 89(4)(a).
(c) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt by the records access appeals officer of the written appeal, which shall identify:
(1) the date and location of requests made for records;
(2) the records to which the applicant was denied access; and
(3) the name and return address of the applicant.
(d) The records access appeals officer shall, within 10 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial, as required by Public Officers Law section 89(4)(a).
(e) If the records access appeals officer determines that the denial of access was erroneous, the records access appeals officer shall instruct the records access officer to allow the prompt inspection or copying of the records as requested.
(f) If the records access appeals officer affirms or modifies the denial, the records access appeals officer shall communicate his or her reasons in writing by either first class mail or electronic mail, if the person making the appeal has provided an electronic mail address, to the person making the appeal and inform such person of such person’s right of judicial appeal.