New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle KK - Program for Elderly Pharmaceutical Insurance Coverage
Part 9951 - Access To Or Correction/amendment Of Records Of The Elderly Pharmaceutical Insurance Coverage Panel Subject To The Personal Privacy Protection Law
Section 9951.7 - Appeals of denial of access to records
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Any person who has been denied access to records by the records access officer may appeal such denial in writing within 30 business days to the records access appeals officer.
(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:
(c) The records access appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.
(d) If the records access appeals officer determines that the denial of access was erroneous, he/she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.
(e) If the records access appeals officer affirms or modifies the denial, he/she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal.
(f) The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.