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 7842.8 - Denial of access to records; appeals

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7842.8

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

(a) Denial of access to records shall be in writing, stating the reason therefore and advising the requester of the right to appeal to the individual designated to determine appeals.

(b) If requested records are not provided in a timely manner, as required in section 7842.5 of this Part, such failure shall also be deemed a denial of access.

(c) The chair shall determine appeals regarding denial of access to records under the Freedom of Information Law.

(d) Any person denied access to records may appeal within 30 days of a denial.

(e) The time for deciding an appeal by the chair shall commence upon receipt of a written appeal identifying:

(1) the date and location of requests for records;

(2) a description, to the extent possible, of the records that were denied; and

(3) whether the denial of access was in writing or due to failure to provide records as required by section 7842.5 of this Part;

(4) the name and return address of the person denied access.

(f) The chair shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to the Committee on Open Government at the Department of State (DOS).

(g) The chair shall inform the appellant and the Committee on Open Government of the chair's determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (f) of this section. A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

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