New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter III - State Energy Planning Proceeding
Subchapter A - General Provisions
Part 7842 - Public Access To Records
Section 7842.5 - Requests for public access to records

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7842.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) A request for records must be in writing. Any written request for records shall be deemed to be a request for records pursuant to the Freedom of Information Law, whether or not the Freedom of Information Law is mentioned in the request. A request for records may be sent to the State Energy Planning Board records access officer.

(b) A request for access to records must reasonably describe the records requested. Where possible, specific information regarding dates, title, file designations, and other information which may help identify the records, should be supplied by the requester. Where the information supplied by the requester is not sufficient to permit identification and location of the records by board staff without an unreasonable amount of effort, the requester will be contacted and asked to supply the necessary information. Every reasonable effort shall be made by board staff to assist in the identification and location of requested records.

(c) The board shall respond to a written request which reasonably describes the records sought within five business days of receipt of the request. When appropriate, the response shall include a statement that access to the records sought will be determined in accordance with section 7842.6 of this Part, "Confidential information."

(d) If the board does not provide or deny access to the record sought within five business days of receipt of a request, the records access officer shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when the request will be granted or denied, including, where appropriate, a statement that access to the record will be determined in accordance with section 7842.6 of this Part. If the board determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the records within 20 business days from the date of the acknowledgment of the receipt of the request, the records access officer shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. Reasons for an inability to grant a request within 20 days may include, but are not limited to, the following:

(1) when it is necessary to search for and collect the requested records from board members or other entities that are separate from the board; or

(2) the request requires the search for, collection or examination of a voluminous amount of records The response may set forth a request on the part of the board to confer with the requester to review the request to determine which records will satisfy the objectives and needs of the requester. The board's failure to conform to these provisions shall constitute a denial of access to records subject to administrative appeal pursuant to section 7842.8 of this Part.

(e) The time limitations on a response to requests for records shall begin to run as of the time a request for records is received by the records access officer and a date-stamp notation placed directly on the request.

(f) If the board has reasonable means available, the board will accept and respond to requests for records by electronic mail unless another form of response is requested or required.

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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