9 NYCRR Part 330 - Executive Department

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9 NYCRR 330-1.1 - Purpose and scope

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The people's right to know the process of government decisionmaking and the documents and statistics leading to determinations is basic to our society. The public shall be granted access to all records which are not specifically exempt from disclosure by the Freedom of Information Law.

(b)This Part provides information concerning the procedures by which records may be obtained.

(c)Records shall be made available to the public in accordance with the Freedom of Information Law.

(d)Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

(e)Nothing in this Part shall be construed to require the Office of General Services to prepare any record not possessed or maintained by such entity, except the records specified in subdivision 3 of section 87 of the Public Officer's Law.

9 NYCRR 330-1.2 - Designation of records access officers

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The Commissioner of General Services is responsible for insuring compliance with this Part and designates the incumbents of the following position as records access officer:

(1)Director of Public Information

41st Floor

Tower Building

Empire State Plaza

Albany, NY 12242

(b)The records access officer is responsible for insuring appropriate agency response to public requests for access to records. The records access officer shall:

(1)maintain an up-to-date reasonably detailed subject matter list of all records in the possession of the agency, whether or not such records are available to the public;

(2)maintain forms on the internet for requesting records and responding to request for records;

(3)assist the requester in identifying requested records, if necessary;

(4)upon locating the records, take one of the following actions in accordance with section 330-1.5(b) of this Subpart:

(i)acknowledge receipt of the request;

(ii)make records promptly available for inspection; or

(iii)deny access to records in whole or in part, and explain in writing the reasons therefor;

(5)upon request for copies of records:

(i)make a copy available upon payment of established fees in accordance with section 330-1.7 of this Subpart; or

(ii)permit the requester to copy those records;

(6)upon request, certify to the correctness of such copy;

(7)upon failure to locate records, certify that:

(i)the Office of General Services is not the legal custodian for such records; or

(ii)the records of which the Office of General Services is a legal custodian, after reasonably diligent search, cannot be found.

9 NYCRR 330-1.3 - Locations

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Records shall be available for public inspection and copying at offices where the records are maintained or may reasonably be made available. Such offices may include, but shall not be limited to, the following locations:

(a)Mayor Erastus Corning II Tower Building

Empire State Plaza

Albany, NY 12242

(b)Adam Clayton Powell Jr. State Office Building

163 West 125th Street

New York, NY 10027

(c)Gen. Wm. Donovan Building

125 Main Street

Buffalo, NY 14203

(d)Sen. John H. Hughes State Office Building

333 E. Washington Street

Syracuse, NY 13202

(e)Utica State Office Building

207 Genesee Street

Utica, NY 13501

(f)Binghamton State Office Building

44 Hawley Street

Binghamton, NY 13901

(g)Eleanor Roosevelt State Office Building

4 Burnett Blvd.

Poughkeepsie, NY 12603

(h)Suffolk State Office Bldg.

Hauppauge, NY 11787

(i)Dulles State Office Building

317 Washington St.

Watertown, NY 13601

(j)Henderson-Smith State Office Building

107 Broadway

Hornell, NY 14843

9 NYCRR 330-1.4 - Hours for public inspection

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are: 8:30 a.m. to 4:45 p.m., Monday through Friday, State holidays excepted.

9 NYCRR 330-1.5 - Requests for public access to records

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Where a request for records is required, such request shall be in writing.

(b)

(1)Within five business days of the receipt of a written request for a record reasonably described, the records access officer shall make such record available, deny the request in writing, or furnish a written acknowledgment of the receipt of such request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request shall be granted or denied, including, where appropriate, a statement that access to the records will be determined in accordance with section 330-1.7 of this Subpart. If the Office of General Services determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgment of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. Failure of the Office of General Services to conform to the provisions of this subdivision shall constitute a denial of access to records subject to appeal pursuant to section 330-1.8(b) of this Subpart.

(2)Following the issuance of such acknowledgment, the records access officer shall grant or deny such request expeditiously in view of the factual and legal issues relating to the request, the need for consultation relating to the protection of personal privacy, the volume of the records sought, the search techniques needed to locate the records and the time needed to review them.

(c)A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.

(d)

(1)A current list, by subject matter, of all records maintained by the agency shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the record sought.

(2)The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.

(e)No records may be removed by the requester from the office where the record is located.

(f)Records which have copyright protection may unless otherwise exempt from disclosure, be examined and viewed but may not be reproduced by or on behalf of the requesting party.

9 NYCRR 330-1.6 - Records not available for inspection or copying

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Notwithstanding anything to the contrary contained in this Part, the following records or portions thereof shall not be available for public inspection or copying that:

(a)are specifically exempted from disclosure by State or Federal statute;

(b)if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law;

(c)if disclosed, would impair present or imminent contract awards;

(d)are trade secrets as defined herein;

(e)are compiled for law enforcement purposes and which, if disclosed would:

(1)interfere with law enforcement investigations or judicial proceedings;

(2)deprive a person of a right to a fair trial or impartial adjudication;

(3)identify a confidential source or disclosure confidential information relating to a criminal investigation; or

(4)reveal criminal investigative techniques or procedures, except routine techniques and procedures;

(f)if disclosed would endanger the life or safety of any person;

(g)are inter-agency or intra-agency communications which are not:

(1)statistical or factual tabulations or data;

(2)instructions to staff that affect the public;

(3)final agency policy or determination; or

(4)relate to litigation, pending or threatened;

(h)if disclosed, would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures.

The foregoing exemptions shall not apply to records, the disclosure or publication of which are directed by other statutes.

9 NYCRR 330-1.7 - Submission of records containing trade secrets or critical infrastructure information

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

(a)

(1)For purposes of this Part, trade secret means any record including, but not limited to: any proprietary data concerning past, present or planned future distribution, sales volumes, costs, or prices; customer or client lists; devices; processes or plans; formulas; patterns; procedures; studies; analyses, plans, and surveys; compounds; cost records; compilations of information and other confidential or proprietary information which is not generally published or divulged, the disclosure of which would cause substantial injury to the competitive position of the commercial enterprise, or if openly disclosed would permit an unfair advantage to competitors of the subject enterprise.

(2)For purposes of this Part, critical infrastructure means systems, assets, places or things, whether physical or virtual, so vital to the State that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the State, its residents or its economy.

(b)A person may, at the time of submission of a record, request that the agency designate all or a portion of such record as a trade secret, and except such record from disclosure under paragraph (d) of subdivision 2 of section 87 of the Public Officers Law, and may at any time, request that the agency designate all or a portion of such record as critical infrastruction information, and except such record from disclosure under subdivision 2 of section 87 of the Public Officers Law. The record for which a trade secret designation is sought shall be labeled using such words as "trade secret," "confidential," "proprietary information" or words of similar import. Such request shall be in writing, identify the record for which a designation and exception from disclosure is being requested and state the reasons why the information should be excepted from disclosure. Requests for designation and exception from disclosure of trade secrets shall indicate, if appropriate:

(1)the specific record requested to be considered a trade secret, including, where applicable, page, form, line, chart or table designation;

(2)the confidential nature of the record, including a description of the nature and extent of the injury to the person's competitive position such as unfair economic or competitive damage which would be incurred were the record to be disclosed;

(3)whether the record is treated as confidential by the submitter, including whether it has been made available;

(4)whether any patent, copyright, or similar legal protection exists for the record;

(5)whether the public disclosure of such record is otherwise restricted by law, and the specific source and contents of such restrictions;

(6)the date upon which such record will no longer need to be kept confidential, if applicable;

(7)whether the request itself constitutes a record which, if disclosed, would defeat the purpose for which trade secret status is sought;

(8)whether the record is known outside of the business of the submitter; the extent to which the record is known by the employees and others involved in the business of the submitter;

(9)the value of the record to the submitter and to its competitors;

(10)the amount of effort or money expended by the submitter in developing the records; the ease or difficulty with which the record could be properly acquired or duplicated by others;

(11)any other factors considered relevant.

(c)When a record deemed a trade secret or critical infrastructure information has been submitted to the agency, it shall be excepted from disclosure and be maintained apart by the agency from all other records until 15 days after the entitlement to such exception has been finally determined by the agency or such further time as ordered by a court of competent jurisdiction. Each of the agency's administrative directors or their designees shall be responsible for the custody of such records and each agency employee who has custody of records containing designated trade secrets or critical infrastructure information shall take appropriate measures to safeguard such records and to protect against unauthorized disclosure. Records containing designated trade secrets or critical infrastructure information may only be copied, distributed and evaluated as required by authorized employees involved in the proper conduct of their State duties. Appropriate restrictive notices shall be attached to such records.

(d)On the initiative of the agency at any time, or upon the written request of any person for access to a record to which trade secret or critical infrastructure information status pursuant to subdivision (b) of this section has been granted or is pending, the agency shall:

(1)inform the person who submitted the request for exception of the agency's intention to determine whether such status should be granted or continued;

(2)permit the person who requested the exception, within 10 business days of receipt of notification from the agency, to submit a written statement of the necessity for the granting or continuation of such exception; and

(3)within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such status and stating the reasons therefor; copies of such determination shall be served upon the person who requested the exception, the person requesting a copy of the record and the Committee on Open Government.

(e)a denial of an exception from disclosure under subdivision (d) of this section and a denial of access to the record may be appealed by the person submitting the information or requesting the record as follows:

(1)Within seven business days of receipt of the written notice denying the request, the person may file a written appeal from the determination of the agency with the First Deputy Commissioner of General Services.

(2)The appeal shall be determined within 10 business days of the receipt of the appeal. Written notice of the determination shall be served upon the person requesting the record, the person who requested the exception and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.

(f)A proceeding to review an adverse determination pursuant to subdivision (e) of this section may be commenced pursuant to article 78 of the Civil Practice Law and Rules. Such proceeding, whenever brought by a person seeking an exception from disclosure pursuant to this subdivision, must be commenced within 15 days of the service of the written notice containing the adverse determination provided for in paragraph (e)(2) of this section.

(g)The person requesting an exception from disclosure pursuant to this subdivision shall in all proceedings have the burden of proving entitlement to the exception.

9 NYCRR 330-1.8 - Denial of access to records other than those containing designated trade secrets or critical infrastructure information

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b)Any person denied access to records may appeal in writing within 30 days of such denial.

(c)The following shall hear appeals for denial of access to records under article 6 of the Public Officers Law:

First Deputy Commissioner of General Services or a designee

Office of General Services

41st Floor

Tower Building

Empire State Plaza

Albany, NY 12242

Telephone (518) 474-5988

(d)The time for deciding an appeal by the First Deputy Commissioner or a designee shall commence upon receipt of written appeal identifying:

(1)the date of a request for records;

(2)the records to which the requester was denied access; and

(3)the name and return address of the appellant.

(e)The First Deputy Commissioner or a designee shall inform the requester of a decision in writing within 10 business days of receipt of an appeal, which decision shall either fully explain the reasons for further denial or grant access to the records sought. Failure of the Office of General Services to conform to the provisions of this subdivision shall constitute a denial.

(f)A final denial of access to a requested record, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Law and Rules.

9 NYCRR 330-1.9 - Fees

Source version current through Mar 15, 2023

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

(a)There shall be no fee charged for:

(1)inspection of records;

(2)search for records;

(3)any certification pursuant to this Part.

(b)Copies of records shall be provided in accordance with the following fee schedule:

(1)General documents.

(i)Paper prints—$.25 per page up to 9″ × 14″ , or such other fee as is allowed by the Freedom of Information Law, provided, however, that no fee shall be charged for the reproduction of seven or fewer paper prints up to 9″ × 14″.

(ii)Plans, drawings, maps:

(a)White prints - $ .50 per square foot

(b)Film - $1.50 per square foot

(c)Aperture cards

- $ .20 each

(d)Glossy photographs

- $1.50 each

(8″ × 10″ or 5″ × 7″, black and white only, from existing negatives).

(2)Special documents.

(i)Design and construction contract specifications as specified in the Empire State Builder.

(ii)Telephone directory— $2.50 each picked up. $4.50 each prepaid by mail.

(iii)Other publications. Standard pricing schedule shall remain in effect—varies from item to item.

(3)Other records. For any other record not specified herein, the fee to be charged shall be the actual cost of reproducing the record, except when a different fee is otherwise prescribed by statute or regulation.

9 NYCRR 330-1.10 - Severability

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

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 Part or the application thereof to other persons and circumstances.

9 NYCRR 330-2.1 - Earlier source heading: Purpose and scope

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 330-2.2 - Designation of privacy compliance officer

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The Office of General Services' Deputy Commissioner for Administration is hereby designated privacy compliance officer and is responsible for ensuring that the agency complies with the provisions of the Personal Privacy Protection Law and the regulations in this Subpart, and for coordinating the agency's response to requests for records or amendment of records.

(b)The address and telephone number of the privacy compliance office is: Office of General Services, Tower Building, 41st Floor, Empire State Plaza, Albany, NY 12242. Telephone (518) 474-1441.

(c)Deputy privacy compliance officers, their titles, addresses and telephone numbers, are hereby designated as follows: Director of Human Resources Management, Tower Building, 39th Floor, Empire State Plaza, Albany, NY 12242; Counsel or his designee, Legal Services, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242.

(d)The privacy compliance officer and/or his deputies are responsible for:

(1)assisting a data subject in identifying and requesting personal information, if necessary;

(2)describing the contents of systems of records, orally or in writing, in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;

(3)taking one of the following actions upon locating the record sought:

(i)make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

(ii)permit the data subject to copy the record; or

(iii)deny access to the records, in whole or in part, and explain in writing the reasons therefor;

(4)making a copy available, upon request, upon payment of or offer to pay established fees, if any, or permitting the data subject to copy the records;

(5)upon request, certifying that a copy of a record is a true copy; and

(6)certifying, upon request, that:

(i)the agency does not have possession of the record sought;

(ii)the agency cannot locate the record sought after having made a diligent search; or

(iii)the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject, without extraordinary search methods being employed by the agency.

9 NYCRR 330-2.3 - Proof of identity

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)When a request is made in person, or when records are made available in person following a request made by mail, the agency may require appropriate identification, such as a driver's license, an identifier assigned to the data subject by the agency, a photograph or similar information that confirms that the record sought pertains to the data subject. The agency may also require the requester to set forth on a form or plain piece of paper the following information:

(1)the name of the employee;

(2)the name of the person the employee authorizes disclosure to, if appropriate. If the information is to go to an organization or other entity, the employee must provide the name of the organization, its address, telephone number, the title and name of recipient; what portion or portions of this or her file he or she wants the person to have access to and the purpose for disclosing the information, as appropriate;

(3)the date of the request.

(b)When a request is made by mail, the agency may require verification of a signature or inclusion of an identifier generally known only by a data subject, or similar appropriate identification.

(c)Proof of identity shall not be required regarding a request for a record accessible to the public pursuant to article 6 of the Public Officers Law.

9 NYCRR 330-2.4 - Location

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Records shall be made available at the main office of the agency, which is located at: Tower Building, Empire State Plaza, Albany, NY 12242.

(b)Whenever practicable, records shall be made available at a regional office most convenient to a data subject.

9 NYCRR 330-2.5 - Hours for public inspection and copying

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The agency shall accept requests for records and produce records during regular business hours, which are 8:30 a.m. to 5 p.m., Monday through Friday.

9 NYCRR 330-2.6 - Requests for records

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)All requests shall be made in writing, except that the agency may make records available upon an oral request made in person after the applicant has demonstrated proof of identity.

(b)A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the agency in locating the record sought.

(c)Requests based upon categories of information described in a notice of a system of records or a privacy impact statement shall be deemed to reasonably describe the record sought.

(d)Within five business days of the receipt of a request, the agency shall provide access to the record, deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of the acknowledgment.

9 NYCRR 330-2.7 - Amendment of records

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

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

(a)make the amendment or correction, in whole or in part, and inform the data subject that, on request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law; or

(b)inform the data subject, in writing, of its refusal to correct or amend the record, including the reasons therefor.

9 NYCRR 330-2.8 - Denial of request

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Denial of a request for records or amendment or correction of a record or personal information:

(1)shall be in writing, explaining the reasons therefor; and

(2)identifying the person to whom an appeal may be directed.

(b)A failure to grant or deny access to records within five business days of the receipt of a request, or within 30 days of an acknowledgment of the receipt of a request, or failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

(c)Any such denial may be appealed to: The First Deputy Commissioner, Office of General Services, Tower Building, 41st Floor, Empire State Plaza, Albany, NY 12242.

9 NYCRR 330-2.9 - Appeal

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 330-2.8 of this Subpart may, within 30 days of such denial, appeal to the First Deputy Commissioner of the Office of General Services.

(b)The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

(1)the date and location of a request for a record or amendment or correction of a record or personal information;

(2)the record that is the subject of the appeal; and

(3)the name and return address of the appellant.

(c)Within seven business days of an appeal of a denial of access, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeals shall:

(1)provide access to or correct or amend the record or personal information; or

(2)fully explain, in writing, the factual and statutory reasons for further denial, and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d)If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e)The agency shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Subpart upon receipt, the determination thereof and the reasons therefor at the time of such determination.

9 NYCRR 330-2.10 - Statement of disagreement by data subject

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:

(1)file with the agency a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and

(2)request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(b)Upon receipt of a statement of disagreement by a data subject, the agency shall:

(1)clearly note any portions of the record that are disputed; and

(2)attach the data subject's statement as part of the record.

(c)When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the agency may also include a concise statement of its reasons for not making the requested amendment or correction.

9 NYCRR 330-2.11 - Fees

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Unless otherwise prescribed by statute, there shall be no fee charged for:

(1)inspection of records;

(2)search for records; or

(3)any certification pursuant to this Subpart.

(b)Unless otherwise prescribed by statute, copies of records shall be provided:

(1)at a rate of 25 cents per photocopy up to 9 × 14 inches; or

(2)upon payment of the actual cost of reproduction, if the record or personal information cannot be photocopied.

(c)The actual cost of reproduction shall be based upon the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries and overhead.

9 NYCRR 330-2.12 - Severability

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

If any provision of this Subpart 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 or the application thereof to other persons and circumstances.

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