9 NYCRR Part 10025 - Executive Department

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source version current through May 15, 2022

All 12 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 10025.2 - Definitions

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, §§ 709, 710; Public Officers Law, § 86

Unless the context requires otherwise, the definitions used in this Part have the following meanings.

(a)Director means the head of the New York State Office of Homeland Security, as established by section 709 of the Executive Law.

(b)Office of the New York State Office of Homeland Security means such offices throughout the State as may be designated by the director, and as established by section 710 of the Executive Law.

(c)Record means a document, as defined by subdivision 4 of section 86 of the Public Officers Law.

(d)Critical infrastructure information means information about those systems, assets places or things as defined by subdivision 5 of section 86 of the Public Officers Law.

9 NYCRR 10025.3 - Purpose and scope

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, §§ 709(2)(n), 710; Public Officers Law, § 87(1)(b)

The New York State Office of Homeland Security has promulgated these rules in accordance with article 6 of the New York State Public Officers Law.

9 NYCRR 10025.4 - Designation of records access officer: duties

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, §§ 709(2)(n), 710; Public Officers Law, § 87(1)(b)

There shall be designated by the director of the Office of Homeland Security a records access officer who shall be located at the Office of Homeland Security.

(a)The records access officer shall:

(1)compile and maintain a record setting forth the name, public office address, title and salary of every officer or employee of the agency and a reasonably detailed current list by subject matter, of all records in possession of the agency, whether or not available under article 6 of the New York State Public Officers Law;

(2)supervise such personnel as may be assigned by the director and relating to the access of the records of the Office of Homeland Security. This staff shall assist the records access officer in responding to requests for records and shall, whenever necessary, assist anyone requesting access to a record;

(3)except as provided for in sections 10025.9 and 10025.10 of this Part, make a determination to grant or deny a request to inspect and/or copy a record, or to permit the requesting party to copy from a photocopy of the original record with portions deleted there from in accordance with applicable law;

(4)if a request to inspect and copy a record is granted, advise the requesting party as to when and where such inspection and copying shall take place and shall be in accordance with the procedure set forth in section 10025.8 of this Part;

(5)if a request to examine or copy a record is denied, in whole or in part, advise the requesting party of the reasons for the denial in writing and shall instruct the party as to the appeals process as provided in section 10025.9 or 10025.10 of this Part;

(6)if a request to inspect and copy a record is granted, in whole or in part, advise the requesting party as to the cost thereof, according to the fee schedule set forth in section 10025.12 of this Part, and when such copy will be forwarded or made available to the requesting party; and

(7)if a request to inspect or copy records relating to article 6, section 89(5)(a)(1) or section 89(5)(1-a) of the Public Officers Law is received by the records access officer and a person or entity has requested that such record be excepted from disclosure, the records access officer shall:

(i)inform the person or entity of the disclosure request and his/her intention to make a decision as to whether or not the information sought should be disclosed;

(ii)request said person or entity submit a written statement in accordance with section 10025.6 of this Part as to the necessity for the granting or the continuation of an exception of the information from disclosure;

(iii)issue a written determination in accordance with section 10025.6 of this Part and advising the party as to the granting, continuing or terminating such exception and stating the reasons therefor; and

(iv)serve copies of said determination upon: the party requesting the record; the party requesting the exception; and the Committee on Open Government.

(b)Upon request, the records access officer may certify that a transcript is a true copy of a record copied or that the Office of Homeland Security is not the legal custodian of such record, that the requested record cannot be found, or that the record does not exist. In the event that the Office of Homeland Security is not the legal custodian of the record, then the records access officer may advise the requesting party of the custodial agency, if known.

9 NYCRR 10025.5 - Requests for inspection and copying of records

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers Law, §§ 87(1)(b), 89(3)

(a)All requests to inspect or copy records shall be made in writing and directed to the records access officer at the Office of Homeland Security; no oral requests to the records access officer to inspect or copy a record shall be permitted. All requests to inspect or copy records, or to have copies made of records, shall adequately describe the record sought, and whenever possible, the requesting party shall supply information as to dates, file designations, and other information that may help to identify the record sought. In the event the request does not adequately describe the record sought the party will be so notified.

(b)Upon receipt of a proper written request to search for records, the records access officer or a duly authorized party shall make a search for the requested record.

(c)All written requests to inspect, copy, or to have copies made of a record shall be responded to within five business days from the receipt of a written request for a record reasonably described. Such response shall be made in writing by the records access officer and shall make said record available to the person requesting it, deny such request or provide an acknowledgment of the request and provide a statement of the approximate date, which shall be reasonable under the circumstances, when such request shall be granted or denied.

(d)When the records access officer determines within 20 business days that a request is to be granted in whole or in part but the documents cannot be provided within those 20 days, a written statement shall be issued by the records access officer stating the reasons for the inability to grant the request within 20 business days and shall contain a date certain, within a reasonable period, when the request will be granted in whole or in part. If a request to inspect or copy a record is denied by the records access officer, the records access officer shall so notify the requesting party of the reasons for the denial and the right to appeal such denial within 30 days.

9 NYCRR 10025.6 - Requests for exception of trade secrets or critical infrastructure information

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers, §§ 87(1)(b), 89(5)

(a)A person acting pursuant to law or regulation who submits any information to the Office of Homeland Security may, at the time of submission, request that the office except such information from disclosure pursuant to section 89(5)(1) and paragraph (d) of subdivision (2) of section 87 of the Public Officers Law and may at any time, request that such information be excepted from disclosure pursuant to section 89(5)(1-a) and in accordance with the following:

(1)where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure;

(2)the party submitting the information shall do so in writing and shall state the reasons why the information should be excepted from disclosure, including where appropriate, why disclosure would likely cause substantial injury to the competitive position of the subject enterprise; and

(3)the submitting party shall clearly label the information sought to be excepted from disclosure by labeling each document page "trade secret" or "critical infrastructure information".

(b)On the initiative of the office at any time or upon request of any person for a record excepted, or requested to be excepted, from disclosure the records access officer shall inform the person who requested the exception of the intention of the office to determine whether such exception should be granted, continued or terminated.

(c)Within 10 business days of receipt of said notice the person requesting the exception may submit a statement of the necessity for the granting or continuation of such exception.

(d)Within seven business days of receipt of such a written statement or within seven business days of the expiration of the 10 business days for submission of the written statement, the records access officer shall issue a written determination granting, continuing or terminating such exception and stating the reasons therefor. Any written notice shall contain a statement of the reasons for the decision and shall advise the aggrieved party of the right to appeal the record access officer's decision within seven business days of receipt of the decision and in accordance with section 10025.10 of this Part.

(e)The written decision shall be served upon the party requesting the information, the party who requested the exception and the committee on open government.

9 NYCRR 10025.7 - Requests for inspection and copying of excepted trade secrets or critical infrastructure information

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Requests for information excepted or requested to be excepted from disclosure pursuant to article 6, section 89(5) of the Public Officers Law shall be made as described in section 10025.5, subdivisions (a) through (d) and in accordance with section 10025.6 of this Part.

9 NYCRR 10025.8 - Location of records for inspection: hours

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers Law, § 87(1)(b)

All original records of the Office of Homeland Security are kept at its offices. Unless otherwise directed by the records access officer:

(a)inspection of an original record or a copy, in whole or in part, shall be made at the Office of Homeland Security facility closest to the requesting party between 10:00 a.m. and 4:00 p.m. Monday through Friday. No inspections will be permitted on official State holidays;

(b)any inspection shall be by prior arrangement as directed by the records access officers; any inspection shall be made in the presence of and under the supervision of an employee of the Office of Homeland Security; and

(c)records approved for disclosure by the records access officer or any portions thereof, may in the discretion of the records access officer, where applicable and after receipt of all duplication fees, be forwarded to the requesting party at the address provided by the requesting party. The Office of Homeland Security shall not be responsible for misdirected mailings. Nothing herein shall prohibit the waiver by the records access officer of any fee for duplication of records.

9 NYCRR 10025.9 - Denial of access to records

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers Law, § 87(1)(b)

(a)Denial of access to records, other than requests seeking records pursuant to article 6, section 89(5) of the Public Officers Law, may be appealed by the aggrieved party to the chief counsel for the Office of Homeland Security, who is designated by the director to hear and determine appeals on denial of access to records. An appeal shall be made no late than 30 days from the date the requesting party is advised of the denial by the records access officer; this 30-day time limitation shall be computed from the postmarked date of the written notification of denial sent to the requesting party.

(b)Appeals based on denial of access to records shall be made in writing by the aggrieved party making the request. These appeals shall be addressed to the Office of Homeland Security and directed to the attention of the Chief Counsel, Public Access to Records Appeal and shall contain the following information:

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

(2)the identification of records to which the requesting party was denied access;

(3)the name and return address of the requesting party; and

(4)the reason(s) for the denial.

(c)The chief counsel shall notify the requesting party of his/her decision, in writing, within 10 business days from receipt of the appeal. If the chief counsel decides to permit inspection of the requested record or any portion thereof, chief counsel shall make said record or any portion thereof available in accordance with section 10025.8 of this Part. If the chief counsel decides to continue the denial of access to the record, then said notice, shall fully explain the reasons for the further denial and shall advise the requesting party of the right to judicial review of the decision under article 78 of the Civil Practice Law and Rules (CPLR).

(d)A failure of chief counsel to render a written statement for the continued denial of an appeal within the 10 business days as provided for in these rules may be considered by the requesting party as a continued denial by the chief counsel, for the purpose of permitting the aggrieved party to proceed immediately with a court review as provided for in article 78 of the Civil Practice Law and Rules (CPLR).

(e)Upon receipt of any appeal the chief counsel shall forward a copy of the appeal to the Committee on Open Government. Upon the rendering of a decision on the appeal the chief counsel shall forward a copy of the decision to the Committee on Open Government.

9 NYCRR 10025.10 - Denial of requests to except or access trade secrets and critical infrastructure information

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers Law, §§ 87(1)(b), 89(5)

(a)Appeals from persons seeking an exception or disclosure of records pursuant to article 6, section 89(5) of the Public Officers Law shall be made to the Chief Counsel for the Office of Homeland Security, who is designated by the director to hear and determine appeals on denial of access to records. Any appeal shall be within seven business days from receipt of the notice granting or denying a request.

(b)The chief counsel shall inform the requesting party seeking records excepted pursuant to article 6, section 89(5) of the Public Officers Law or the party requesting an exception or a continuation of an exception of records of his/her decision, in writing, within 10 business days from receipt of the appeal. If the chief counsel decides to permit inspection of the requested record or any portion thereof, chief counsel shall advise the person or entity seeking an exception from disclosure that within 15 days of service of the written notice required by this subdivision that they have the right to judicial review of the decision to permit disclosure under article 78 of the Civil Practice Law and Rules (CPLR). Any record shall not be disclosed prior to the expiration of 15 days after service of the written notice to disclose or the conclusion of any hearing or proceeding brought pursuant to article 78 of the CPLR, if any.

(c)If the chief counsel decides that any record or any portion thereof shall be disclosed, such disclosure shall be made in accordance with section 10025.8 of this Part.

(d)If the chief counsel decides to continue the denial of access to the record, then said notice, shall fully explain the reasons for the further denial and shall advise the requesting party of the right to judicial review of the decision under article 78 of the Civil Practice Law and Rules (CPLR). Written notice of the determination shall be served upon the person requesting the record, the person who requested the exception and the committee on public access to records and shall contain a statement of the reasons for the determination.

9 NYCRR 10025.11 - Failure to comply with article 6, section 89(3) and (4)(a) of the Public Officers Law

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers Law, §§ 87(1)(b), 89(3), (4)(a)

Failure of the records access officer or chief counsel to comply with article 6, section 89(3) and/ or 4(a) of the Public Officers Law shall be deemed a denial of a record inspection request for the purpose of permitting the aggrieved party to proceed immediately with an appropriate appeal.

9 NYCRR 10025.12 - Fees

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 709; Public Officers Law, § 87(1)(b)

Except where fees or exemptions from fees have been established by law, rule, or regulation, the following fees shall apply:

(a)the fee for copies of records shall be 25 cents per page for photographic copies not exceeding 8½ by 14 inches in size;

(b)the fee for copies of records not otherwise provided for herein shall be the actual copying costs, which is the average unit cost for copying such record, excluding fixed costs; and

(c)unless otherwise prescribed by statute, there shall be no fees charged for:

(1)inspection of records;

(2)search for records; or

(3)any certification pursuant to this Part;

(d)nothing herein shall be construed as preventing the records access officer, in his or her discretion, from waiving all or any portion of any fee under this Part.

9 NYCRR 10025.13 - Severability

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Statutory authority: Executive Law, § 710; Public Officers Law, § 87(1-b)

If any provision or application of this Part to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of any other provisions of this Part or its application to other persons and circumstances.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.