New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter L - Public Access To Records
Part 160 - Freedom Of Information
Section 160.6 - Requests for public access to records

Universal Citation: 15 NY Comp Codes Rules and Regs ยง 160.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A request for records may be on a form prescribed by the Commissioner of Motor Vehicles; except that where the request is for payroll records, it shall be on a form prescribed by the Comptroller of the State.

(b) The Department of Motor Vehicles shall respond within five business days to a written request for records, reasonably described. Such response shall consist of either:

(1) the furnishing of the records requested; or

(2) the denial of the request in writing; or

(3) a written acknowledgment of the receipt of the request and a statement of the approximate date when such request will be granted or denied.

If the department determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgment of the receipt of the request, the agency shall state, in writing, both the reason 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 department to conform to the provisions of this subdivision shall constitute a denial of access to records subject to appeal pursuant to section 160.7 of this Part.

(c) The Department of Motor Vehicles shall maintain and make available a master index listing by subject matter records required to be produced, filed, first kept or promulgated by article 6 of the Public Officers Law after September 1, 1974. The master index shall be updated periodically.

(d) In order that the Department of Motor Vehicles' personnel can locate records within a reasonable period of time, a request for access to records should be sufficiently detailed to identify records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify records.

(e) A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.

(f) No records shall be removed by the requester from the office where the record is located.

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