New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter VI - PUBLIC ACCESS TO DEPARTMENTAL RECORDS
Part 120 - PUBLIC ACCESS TO DEPARTMENTAL RECORDS
Section 120.30 - Appeals

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The head of the department to whom the appeals from denial of access may be made is the Attorney General, except that for special investigations established pursuant to statute, appeals will be made to the Special Deputy Attorney General in charge or his designee, or in the case of the Statewide Organized Crime Task Force, the Deputy Attorney General or his designee. The Attorney General or the Special Deputy Attorney General or the Deputy Attorney General for the Organized Crime Task Force may designate a representative to determine such appeals and to exercise their powers and duties under subdivision 4 of section 89 of the Freedom of Information Law.

(b) When a records access officer has denied a request for records in whole or in part, the requestor may, within 30 days of its receipt, appeal the denial to the Attorney General's designated representative or to the Attorney General if he has made no such designation, or in the case of a Special Investigation established pursuant to statute to the Special Deputy Attorney General or his designee, or in the case of the Statewide Organized Crime Task Force to the Deputy Attorney General or his designee.

(c) The Attorney General or his authorized representative, or the Special Deputy Attorney General for each special investigation or his designee, or the Deputy Attorney General for the Statewide Organized Crime Task Force or his designee, will act upon the appeal within seven business days of its receipt. A denial in whole or in part of a request on appeal shall set forth the reason therefor in writing.

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