New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 804 - Access To Information
Section 804.8 - Appeals

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 804.8

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

(a) Any person denied access to a record or denied a request to correct or amend a record or personal information pursuant to this Part may, within 30 business days of such denial, appeal in writing to the Division of Legal Affairs at the following address: 1450 Western Avenue, Albany, NY 12203-3526.

(b) In order to be acted upon, the appeal must identify:

(1) the record that it concerns;

(2) the date and location of a request for a record or correction or amendment of a record or personal information; and

(3) the appellant, and list his or her address.

(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the counsel shall:

(1) direct the personal privacy compliance officer to provide access to or correct or amend the record or personal information; or

(2) fully explain in writing the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules Law.

(d) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on his or her request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (c) of subdivision 3 of section 94 of the Public Officers Law.

(e) The office shall forward to the Committee on Open Government a copy of any such appeal, upon receipt, and its determination, when made, and the reasons therefor.

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