New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 803 - Public Access To Records
Section 803.6 - Procedures for obtaining access to office records

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

(a) Request for access to office records.

(1) Any request for access to a record or records shall be made to the records access officer and must be in writing.

(2) Each such request shall describe the record or records sought as reasonably as possible with information regarding dates, file designations and any other available data which will be held in the search for the record or records.

(b) Responding to requests.

(1) The records access officer shall respond to every request for access to office records within five business days after receipt of such request.

(2) Every such response shall be in writing and shall indicate:
(i) approval of the request;

(ii) denial of the request; or

(iii) if the office determines to grant a request in whole or in part, and if the circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the office response to the request, the office shall state in writing, both the reasons for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. Failure of the office to conform to the provisions of this subdivision shall constitute a denial of access to records subject to appeal pursuant to section 803.9 of this Part.

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