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 9951.9 - Appeals of denial of correction or amendment of records
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Any person who has been denied correction or amendment of 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 30 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 was erroneous, he/she shall instruct the records access officer to allow correction or amendment of the record as requested and notify appropriate parties, if requested, by the requestor.
(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. In addition, the records access appeals officer will notify the requestor of his/her right to file with the agency a statement of reasons for disagreement with the agency's determination. This agency will note any portions of the record which are disputed and attach requestor's statement as part of the record. Upon an individual's request, such statement will be provided to parties to which such data have been disclosed in accordance with section 94(3)(c) of the Public Officers Law together, if appropriate, with a concise statement of the agency's reasons for not making the requested amendment.
(f) The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.
