New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter K - Freedom Of Information
Part 425 - Public Access To Workers' Compensation Board Records
Section 425.7 - Appeals

(a) The administrative head of the board to whom appeals from denial of access may be made is the chairman. The chairman may designate a representative to determine such appeals and to exercise the chairman's powers and duties under subdivision 8 of section 88 of the Public Officers Law, entitled "Freedom of Information Law."

(b) When a records access officer has denied a request for records in whole or part, the requester may, within 30 days of its receipt, appeal the denial to the chairman or his designated representative. The appeal must be in writing.

(c) Copies of all appeals, upon receipt by the Workers' Compensation Board, shall be transmitted to the Committee on Open Government.

(d) The chairman of the Workers' Compensation Board or his designated representative shall act upon the appeal within seven business days of its receipt, and give notice thereof to the appellant and the Committee on Open Government in writing within such period. A denial in whole or in part of a request on appeal shall set forth the reason therefor in writing.

(e) The final determination referred to in subdivision (d) of this section shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.