New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter I - General Regulations
Part 1 - Public Access To Records
Section 1.3 - Designation of records access officer
Universal Citation: 5 NY Comp Codes Rules and Regs ยง 1.3
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The records access officer of the department is the department' s assistant counsel who is designated by the deputy commissioner and counsel of the department.
(b) The records access officer shall:
(1) maintain an up-to-date subject matter
list of records maintained by the department;
(2) assist in identifying requested records
if necessary;
(3) upon locating
requested records, take one of the following actions:
(i) make the records available for
inspection;
(ii) deny access to the
records in whole or in part and explain in writing the reason for such denial;
or
(iii) furnish a written
acknowledgment of the receipt of such a request and a statement of the
approximate date when such request will be granted or denied.
(4) upon request for copies of
records determined by the records access officer to be available for
inspection:
(i) make copies available upon
payment of established fees; or
(ii) permit the requester to copy the
records.
(c) The records access officer, upon request, shall certify that a copy of a record is a true copy.
(d) Upon failure to locate requested records, the records access officer shall certify that:
(1) the department is not the custodian of
the records requested; or
(2) the
records of which the department is custodian cannot be found after diligent
search; or
(3) the information
supplied by the requester is not sufficiently detailed to enable the records
access officer to determine whether or not the department maintains such
records.
(e) The business address of the records access officer is Records Access Officer, Counsel's Office, Department of Economic Development, 30 South Pearl Street, Albany, NY 12245.
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