New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXXVIII - New York State Project Finance Agency
Part 2300 - Public Access To Records
Section 2300.7 - Denial of access to records

Current through Register Vol. 44, No. 38, September 21, 2022

(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 section 2300.5 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:

Counsel, New York State Project Finance Agency

1250 Broadway

New York, N.Y. 10001

(212) 736-4949

(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 section 2300.5 of this Part; 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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