Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any request to inspect and/or copy
records shall be made in writing and addressed to the records access officer.
The request shall reasonably describe the record or records sought and shall,
whenever possible, supply information regarding dates, file designations or
other information which will enable the records access officer to identify the
records sought.
(b) Within five
business days or receipt of a request, the records access officer shall respond
to the request:
(1) If it is determined that
the request should be granted, the records access officer shall so notify the
requesting party in a writing which states the time and place at which the
requested record may be inspected and the procedures and fees for copying of
records.
(2) If it is determined
that the requested records are exempt from disclosure under the terms of the
Freedom of Information Law and that the request should be denied, the records
access officer shall so notify the requesting party in a writing which states
the ground for the denial.
(3) If a
request does not adequately describe the records sought, the records access
officer shall notify the requesting party in writing that his request has been
denied, stating the reasons why the request does not meet the requirements of
this section and extending to the requesting party an opportunity to confer
with the records access officer in order to attempt to reformulate the request
in a manner that will enable the agency to identify the records
sought.
(4) If a requested record
does not exist, has been destroyed or otherwise disposed of, the records access
officer shall so notify the requesting party in writing.
(5) If it is determined that a request should
be granted in part and denied in part, the records access officer shall so
notify the requesting party in a writing which sets forth the information
required by paragraphs (1)-(4), of this subdivision as applicable.
(6) Each writing denying a request in whole
or in part shall inform the requesting party of his right to appeal the
determination within 30 days and shall state the name of the person or body
designated to hear such appeals. Such person or body shall be identified by
name, title, business address and telephone number.
(c) If the authority is unable to determine
within five business days whether to grant, deny or otherwise respond to a
request for inspection and copying, the records access officer shall, within
such five-day period, acknowledge receipt of the request in writing to the
requesting party, stating the approximate date by which a determination with
respect to the request will be made. If the authority does not make a
determination with respect to the request within 10 business days from the date
of such acknowledgement, the request may be construed as a denial of access and
an appeal may be taken to the person or body designated to hear
appeals.
(d) To prevent unwarranted
invasions of personal privacy, the authority, in making records available for
inspection and copying, may delete identifying details or may withhold records
otherwise available, if deletion of identifying details is impracticable or
will not, in fact, prevent an unwarranted invasion of the privacy of the person
to whome the record refers. An unwarranted invasion of privacy includes, but is
not limited to:
(1) disclosure of employment,
medical or credit histories or personal references of applicants for
employment; or
(2) disclosure of
items involving the medical or personal records of a client or patient in a
medical facility; or
(3) sale or
release of lists of names and addresses if such lists would be used for
commercial or fund-raising purposes; or
(4) disclosure of information of a personal
nature when disclosure would result in economic or personal hardship to the
subject party and such information is not relevant to the work of the
authority; or
(5) disclosure of
information of a personal nature reported in confidence to the authority and
which is not relevant to the ordinary work of the authority.
