Title 9 Part 145

The purpose of this Part is to set forth the methods and procedures governing the availability, location and nature of those records of the Division of the Budget subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.

As used in this paragraph, the terms memoranda, reports, statements, opinions, files, and papers do not generally include interagency or intra-agency materials, except those that are statistical or factual tabulations or data, instructions to staff that affect the public, or final agency policy or determinations. Discussions of policy options and recommendations are not statistical or factual tabulations, and are not included in the definition of records.

If the records access officer determines that the record requested is in his custody, the records access officer shall either produce the record for inspection at his office (and, if so requested and upon payment of the appropriate fee, shall make and certify a copy of the record), or advise the applicant, in writing, as provided in section 145-1.6 of this Subpart.

On behalf of the division, the records access officer shall maintain and make available for inspection and copying at his office a current list, reasonably detailed by subject matter, of the types of records produced, filed and kept in the division. This list shall be in conformity with regulations promulgated by the Committee on Open Government, and will be updated twice a year. Any person desiring a copy of the list may request a copy personally or by mail and one shall be supplied.

The current fees for copies of materials published by the division shall remain in effect.

In accordance with the provisions of subdivision 2 of section 89 of the Public Officers Law and in conformity with guidelines promulgated by the Committee on Open Government regarding the prevention of unwarranted invasions of personal privacy, the records access officer may delete from any record identifying details, the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection and/or copying. In the event that one deletion or more is so made from any document, the records access officer shall provide written notice of that fact to the person given access to the record.

If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure by subdivision 2 of section 87 of the Public Officers Law, he shall deny such application. If the materials requested do not fall under the categories enumerated in subdivision 2 of section 87 of the Public Officers Law, the records access officer will grant the application. In denying any application to inspect and/or copy records, the records access officer shall indicate reasons for denial in writing, and shall advise the applicant in writing of his right to appeal the denial to the appeals officer.

Any person whose application to inspect and/or copy records has been denied pursuant to section 145-1.6 of this Subpart may appeal the denial to the appeals officer at his office at the State Capitol in Albany. The appellant will be provided with the appeals officer's full name, business address and business telephone number. Appeal must be made within 30 days of denial, in writing, and must set forth: the name and address of the applicant, the specific record(s) requested, the date of the denial, and the reasons given for such denial. The appeals officer shall, upon receipt of a written appeal, immediately forward a copy of the appeal to the Committee on Public Access to Records and review the matter and affirm, modify or reverse the denial. If the appeals officer affirms or modifies the denial, he shall, within seven business days of receipt of the appeal:

This Part will become effective on November 15, 1978.

The purpose of this Subpart is to set forth the methods and procedures governing the availability, location and nature of those records of the Division of the Budget subject to the provisions of article 6-A of the Public Officers Law, known as the Personal Privacy Protection Law, and the rules of the Committee on Open Government.

For the purposes of this Part:

Within 30 business days of a request from a data subject for correcting or amending a record or personal information that is reasonably described and that pertains to the data subject, the agency shall:

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