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 604.9 - Procedures governing the correction or amendment of records

Universal Citation: 14 NY Comp Codes Rules and Regs § 604.9

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

(a) Requests for correction or amendment of records shall:

(1) be made in writing; and

(2) reasonably describe the record, the amendment or correction desired and the justification therefor.

(b) The records access officer shall within 30 business days after receipt of a request:

(1) Make the requested correction or amendment in whole or part and advise the individual that upon request, parties to which such data has been disclosed will be advised if such data was disclosed in accordance with section 94.3(c) of the Public Officers Law.

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

(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.

(c) Failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request may be construed as a denial subject to appeal. Such appeal shall not be initiated prior to the expiration of the 30-day period.

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