New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter VI - Miscellaneous
Subchapter A - Administrative Procedures
Part 461 - Public Access to Records
Section 461.4 - Request for access to records

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 461.4

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

(a) A request for access to records shall be addressed to the Records Access Officer, OPRHP, 625 Broadway, Albany, NY 12233 or foil@parks.ny.gov.

(b) Within five business days after receiving a request that reasonably describes the records, the Records Access Officer shall respond in the medium requested by:

(1) informing the person requesting the records that the request or a portion of the request does not reasonably describe the records sought and including, if possible, directions enabling the person to request the records;

(2) granting or denying access to the records in whole or in part;

(3) acknowledging receipt of the request in writing and including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and not more that 20 business days after the date of the acknowledgment. However, if it is known that circumstances will prevent disclosing the records within 20 business days from the date of the acknowledgment, the records access officer shall state in writing the reason for not being able to grant the request within this 20-day time period and shall indicate a date certain within a reasonable time period beyond 20 days when the records will be granted or denied in whole or in part.

(c) In determining a reasonable time for granting or denying a request the records access officer shall consider the volume of the request, the ease or difficulty in locating, retrieving or copying the records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed or withheld pursuant to law, the number of requests received and similar factors that bear on the ability to grant or deny access to records within a reasonable time period.

(d) The records access officer shall redact identifying details in records to prevent any possible unwarranted invasion of privacy as described in the Public Officers Law, article 6, sections 87(2)(b); 89(2)(b), (2-a); and 96. In addition, the records access officer shall not disclose other details that are prohibited from disclosure under Federal or State statutes, regulations, policies or privileges, or agreements between or among the State and another state or states or the United States.

(e) The records access officer after receiving payment of the fee prescribed for copies of the requested documents shall provide copies, and shall provide certification of correctness of the copies upon request.

(f) The records access officer shall certify if the records are not in the possession of this agency or they cannot be located after a diligent search.

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