New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter N - Public Records And Department Publications
Part 187 - Inspection And Copying Of Department Records
Section 187.4 - Freedom of information law procedures
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 187.4
Current through Register Vol. 46, No. 39, September 25, 2024
The following procedures shall be followed in connection with requests to inspect or secure copies of department records made by members of the general public under the provisions of Public Officers Law, article 6:
(a) Albany office.
(1) Requests to inspect or secure copies of
records shall be submitted to the records access officer in writing and shall
reasonably describe the record or records. Forms for such requests may be
obtained from the office of the records access officer, and the use of such
forms is recommended.
(2) The
records access officer will determine and advise the requester whether the
records specified in the request are available for inspection and
copying.
(3) With respect to
records which are determined to be available, the records access officer will
direct the requester to the place where the requested records may be inspected
and will arrange for the preparation and certification of copies upon tender of
the required fee.
(4) With respect
to records which are determined not to be available, the records access officer
will note the reason for unavailability on the request form and return one copy
of the form to the requester.
(5)
If the agency does not provide or deny access to the record sought within five
business days of receipt of a request, the agency shall furnish a written
acknowledgment of receipt of the request and a statement of the approximate
date when the request will be granted or denied.
(b) All other offices.
(1) Requests to inspect or secure copies of
records made to an office located outside the City of Albany shall be submitted
to the person in charge of the office or institution, or his designated
representative, in writing, and shall reasonably describe the record or
records. Forms for such requests may be obtained from each such office and the
use of such forms is recommended.
(2) Such person in charge, or his designated
representative, will ascertain from the records access officer and advise the
requester whether the records specified in the request are available for
inspection and copying.
(3) With
respect to records which are determined to be available, the requester will be
directed to the place where the requested records may be inspected and, if such
records are located at the office to which the request is submitted, will be
provided with the requested number of copies and certifications upon tender of
the required fee.
(4) With respect
to records which are determined not to be available, the person in charge will
note the reason for unavailability on the request form and return one copy of
the form to the requester.
(5) If
the agency does not provide or deny access to the record sought within five
business days of receipt of a request, the agency shall furnish a written
acknowledgment of receipt of the request and a statement of the approximate
date when the request will be granted or denied.
(c) Place of inspection. Records may be inspected only at the office or location where they are regularly maintained.
(d) Requests by mail. Requests by mail for copies of available records may be addressed to the records access officer, and will be honored, upon payment of the required fee, provided the requester and the record of which a copy is requested are sufficiently identified to make compliance practicable.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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