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 604.5 - Procedures governing inspection and copying of records

Universal Citation: 14 NY Comp Codes Rules and Regs § 604.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Requests shall be made in writing and shall reasonably describe the records to which access is sought.

(b) If the request is made by an authorized representative it must, in addition, be accompanied by an authorization which specifically describes:

(1) the personal information which the data subject wants disclosed;

(2) the person or entity to whom disclosure is authorized; and

(3) the situation specific use which will be made of such information by the person or entity receiving it.

(1) Make the requested record available.

(2) Deny the request in writing. Such denial shall:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the records access appeals officer; and

(iii) provide the name, title, business address and telephone number of the records access appeals officer.

(3) Furnish written acknowledgment of the request which:

(i) provides the approximate date when the request will be granted or denied (such date shall not exceed 30 days from the date of acknowledgment);

(ii) advises the requester of the provisions of subdivision (d) of this section;

(iii) sets forth the right of appeal to the records access appeals officer; and

(iv) provides the name, title, business address and telephone number of the records access appeals officer.

(d) Failure to grant or deny access to records within five business days of the receipt of a request or within 30 days of an acknowledgment of a request may be construed as a denial subject to appeal. Such appeal shall not be initiated except upon expiration of:

(1) five business days for unacknowledged requests;

(2) the specified date, if one is provided in acknowledged requests; or

(3) thirty days for acknowledged requests when no date is provided.

(e) If access is approved, the records access officer shall so notify the requester and cause a search to be made for the record requested.

(f) If the record cannot be found after diligent search, the records access officer shall so notify the requester.

(g) The original or file copies will not be released.

(h) If requested, the records access officer shall:

(1) Upon payment of the appropriate fees, provide a copy of the record.

(2) Certify (see section 604.12 of this Part) that the copy is a true copy.

(3) Upon satisfactory verification of identity, process the request by mail.

(i) Copies of a record may be made by any available means which will not damage the record.

(j) The locations where records are available for inspection or copying pursuant to this Part shall be posted in conspicuous places.

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