New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law
Section 604.10 - Procedures governing appeals of denial of correction or amendment of records

(a) Any person who has been denied correction or amendment of records by the records access officer may, within 30 business days of receipt of the denial, appeal such denial to the records access appeals officer.

(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:

(c) The records access appeals officer shall, within 30 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial was erroneous, he or she shall instruct the records access officer to make the correction or amendment of the record as requested and notify appropriate parties, if requested, by the requester.

(e) If the records access appeals officer affirms or modifies the denial, he or she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal pursuant to article 78 of the Civil Practice Law and Rules.

(f) In addition, the records access appeals officer will notify the requester of his or her right to file with OPWDD a statement of reasons for disagreement with its determination. OPWDD will note any portions of the record which are disputed and attach the requester's statement as part of the record. Upon an individual's request, such statement will be provided to parties to which such data has been disclosed in accordance with section 94.3(c) of the Public Officers Law, together, if appropriate, with a concise statement of OPWDD's reasons for not making the requested amendment.

(g) The records access appeals officer shall, upon receipt, forward to the Committee on Open Government, a copy of any appeal made pursuant to this Part.

(h) The records access appeals officer shall forward to the Committee on Open Government, the determination of any appeal and the reasons therefor at the time of such determination.