New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XX - Higher Education Services Corporation
Subchapter A - Administration
Part 2002 - Public Access To Records
Section 2002.3 - Availability of records
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2002.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Generally. The public records of the corporation shall be available for inspection and copying Monday through Friday, except legal holidays, between the hours of 9 a.m. and 5 p.m. Requests may be submitted to:
Records Access Officer
New York State Higher Education
Services Corporation
99 Washington Avenue
One Commerce Plaza
Albany, NY 12255
(b) Trade secrets.
(1) Any person who submits any information to
the corporation may, at the time of such submission, request that the
corporation exempt such information from disclosure on the basis that it is a
trade secret or is maintained by the corporation for the regulation of
commercial enterprise and which, if disclosed, would cause substantial injury
to the competitive position of the entity making such request.
(2) Such request from disclosure shall:
(i) be in writing;
(ii) be submitted simultaneous with or prior
to the information which is the subject of the request; and
(iii) state the reasons why the information
should be excepted from disclosure.
Where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure.
(3) Information which is the
subject of a request made pursuant to paragraph (1) of this subdivision is
excepted from disclosure until 15 days after entitlement status has been
finally determined or, when entitlement to an exception from disclosure has
been granted, until such entitlement has expired, or until such further time as
ordered by a court of competent jurisdiction.
(4) On the initiative of the records access
officer at any time, or upon the request of any person for a record excepted
from disclosure pursuant to this subdivision, the corporation shall:
(i) inform the person who requested the
exception of the corporation's intention to determine whether such exception
should be granted or continued;
(ii) permit the person who requested the
exception, within 10 business days of receipt of notification from the
corporation, to submit a written statement of the necessity for the granting or
continuation of such exception; and
(iii) within seven business days of receipt
of such written statement, or within seven business days of the expiration of
the period prescribed for submission of such statement, issue a written
determination granting, continuing or terminating such exception and stating
the reasons therefor; copies of such determination shall be served upon the
person, if any, requesting the record, the person who requested the exception,
and the Committee on Open Government.
(5) If a request for access to the record has
not been received by the corporation at the time a request for exception is
under consideration, the records access officer, in his or her discretion, may
withhold the determination as to the exception until an access request has been
received.
(6) A denial of an
exception from disclosure under this subdivision may be appealed by the person
submitting the information, and a denial of access to the record may be
appealed by the person requesting the record in accordance with the provisions
of Public Officers Law, section 89.5(c).
(7) Information excepted from disclosure
pursuant to this subdivision, or as to which a request for such an exception
has been made and a final determination has not as yet been had, shall be
maintained apart from other documents in a locked file cabinet, locked desk
drawer or other place secure from general access. Such records shall be placed
in envelopes with flaps, or other containers which will effectively maintain
the integrity of the documents and which can be marked so as to clearly limit
access to the contents. Such records shall be in the custody of the head of the
division or office with which the record is filed. That person shall specify,
in writing, which persons subject to his or her supervision may inspect such
records. Only that person, those he or she so specifies, the records access
officer and the records access appeals officer shall be entitled to access to
such records.
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