New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 703 - Justice Center Facility And Provider Disclosure
Section 703.12 - Appeal

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

(a) Any person denied access to a record under this Part may, within 30 days of such denial, appeal to the Executive Director of the Justice Center.

(b) The time for deciding an appeal shall commence upon receipt of a written request for appeal that identifies the record that is the subject of the appeal and the name and return address of the appellant. The written request may include reasons why such record should be disclosed.

(c) Within a reasonable time after receipt of the written request for appeal, the executive director shall:

(1) provide access to the record; or

(2) explain in writing the factual and statutory reasons for denial of access to the record; and

(3) inform the individual of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

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