New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter A - General Welfare
Article 5 - Miscellaneous
Part 340 - Public Access To Department Records Under Freedom Of Information Law
Section 340.3 - Records access officer

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

The records access officer, who shall be the departmental public information officer, shall be responsible for providing access to department records in response to requests therefor by any member of the public, to the extent required by the Freedom of Information Law. In carrying out this responsibility, the records access officer shall:

(a) compile and maintain the subject-matter list;

(b) receive requests for identifiable records;

(c) determine whether a request sufficiently identifies a record; and, if not, so notify the person making the request and make reasonable efforts to assist him in identifying the records, if necessary;

(d) if the request is for a record or records contained in files maintained by him, determine whether the requested record is required by law to be made available; and, if so, comply with the request directly, upon payment of any fees required under this Part;

(e) if the request is for a record contained in files maintained by another division or office within the department, determine in consultation with officials of that division or office whether the requested record is required by law to be made available; and, if so, assure that the request is complied with, upon payment of or offer to pay any fees required under this Part;

(f) if the request is denied in whole or in part, provide the person making the request with written notification of that decision and the reasons therefor;

(g) certify, when a record cannot be located, that:

(1) the department is not the legal custodian for such records; or

(2) after diligent search, the record cannot be found;

(h) provide advice and consultation, on request, to records access officers of social services districts with respect to those districts' responsibilities for providing access to records under the Freedom of Information Law; and

(i) maintain a complete and accurate accounting of each request for department records, the persons to whom the request was referred, the responses to the request, and the amount of any fees collected in connection therewith.

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