New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter II - Miscellaneous
Part 7200 - Public Access To Records
Section 7200.6 - Denial of access to records

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7200.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) If the records access officer determines that a written request for access to a record or records pertains to information which is exempt under the provisions of the Freedom of Information Law, he shall deny the request. Such denial shall be in writing and shall:

(1) state the specific facts and reasons for the denial; and

(2) advise the requester of the right to appeal such denial to the State Commission of Correction.

(b) Any person whose request for access to records has been denied pursuant to subdivision (a) of this section may, within 30 days, appeal such denial to the Special Counsel, State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001. Such appeal shall be in writing and shall include:

(1) the date of the request for access to records;

(2) the location of the records sought;

(3) a description of the records to which the requester was denied access;

(4) a statement as to whether the denial of access was in writing or was a failure to grant or deny access within the time period required by section 7200.5(d) of this Part; and

(5) the name and address of the requester.

(c) The commission, upon receipt of a written appeal, shall forward a copy of such appeal to the Committee on Public Access to Records, New York State Department of State, 41 State Street, Albany, NY 12231.

(d) Within 10 days of receipt of a written appeal, the commission shall inform the requester in writing of its determination to affirm or reverse the denial. If the denial is affirmed, the determination shall include the reasons for denial of access to the requested records. A copy of the determination shall be forwarded to the Committee on Public Access to Records.

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