New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXII - The Municipal Assistance Corporation For The City Of New York
Part 5400 - Public Access To Records
Section 5400.7 - Denial of access to records

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 5400.7

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

(a) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b) If requested records are not provided promptly, as required in subdivision (d) of section 5400.5 of this Part, such failure shall also be deemed a denial of access.

(c) The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:

Robert F. Vagt, Executive Director

One World Trade Center, Suite 8901

New York, N. Y. 10048

(212) 775-0010

or his successor.

(d) The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:

(1) the date of the appeal;

(2) the date and location of the requests for records;

(3) the records to which the requester was denied access;

(4) whether the denial of access was in writing or due to failure to provide records promptly as required by subdivision (d) of section 5400.5; and

(5) the name and return address of the requester.

(e) The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal.

(f) The person or body designated to hear appeals shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of appeals. Such copies shall be addressed to:

Committee on Public Access to Records

Department of State

162 Washington Avenue

Albany, N. Y. 12231

(g) The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in subdivision (f) of this section.

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