New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 616 - Access To Records
Access to Records Containing Personal Information
Section 616.28 - Appeal
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Any person denied access to a record or denied a request to correct or amend a record or personal information pursuant to section 616.27 of this Part may, within 30 business days of such denial, appeal to the FOIL Appeals Officer as provided in section 616.8 of this Part, except for such records that are in the custody of OHMS, the Assistant Commissioner for OHMS shall serve as the FOIL Appeals Officer.
(b) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:
(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeals shall:
(d) If, on appeal, a record or personal information is corrected or amended, the individual shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed, pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law (which paragraphs pertain to disclosures to other governmental units, to disclosures based upon circumstances affecting the health or safety of an individual, and to disclosures to certain public safety agencies).
(e) The department shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part, the determination thereof and the reasons therefor.