New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 368
Executive Department
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11 sections
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9 NYCRR 368.1 - 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. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
(b)This Part provides information concerning the procedures by which records may be obtained.
(c)Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
(d)Any conflict among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
9 NYCRR 368.2 - Definitions
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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 term division shall mean the State Division of Probation and Correctional Alternatives as established by article 12 of the Executive Law; and, further, for the purpose of this Part, the State Probation Commission as established by this same article, where appropriate and separately amended.
(b)The term records access officer shall mean the counsel of the division and any assistants designated by such individual to perform any or all functions hereunder.
9 NYCRR 368.3 - Designation of records access 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 State Director is responsible for insuring compliance with the regulations herein, and designates the following person as records access officer:
Counsel Officer
New York State Division of Probation and Correctional Alternatives
Four Tower Place
Albany, New York 12203
(b)Records access officers are responsible for insuring appropriate agency response to public requests for access to records. The designation of records access officers shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.
(c)Records access officers shall insure that personnel:
(1)Maintain an up-to-date subject matter list.
(2)Assist the requester in identifying requested records, if necessary.
(3)Upon locating the records, take one of the following actions:
(i)make records available for inspection; or
(ii)deny access to the records in whole or in part and explain in writing the reasons therefor.
(4)Upon request for copies of records to be made available for inspection:
(i)make a copy available upon payment or offer to pay established fees, if any, in accordance with section 368.9 of this Part; or
(ii)permit the requester to copy those records.
(5)Upon request, certify that a record is a true copy.
(6)Upon failure to locate records, certify that:
(i)the division is not the custodian of such records; or
(ii)the records of which the division is a custodian cannot be found after diligent search.
9 NYCRR 368.4 - 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 available for public inspection and copying at:
Counsel
New York State Division of Probation and Correctional Alternatives
Four Tower Place
Albany, New York, 12203
9 NYCRR 368.5 - 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
(a)Requests for public access to records shall be accepted and records produced during all hours regularly open for business.
(b)These hours are: 8:30 a.m. to 5 p.m.
9 NYCRR 368.6 - 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)A written request may be required, but oral requests may be accepted when records are readily available.
(b)A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.
(c)A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
(d)If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, he shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.
9 NYCRR 368.7 - Subject matter list
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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 records access officer shall maintain a reasonably detailed current list by subject matter all records in the division's possession, whether or not records are available pursuant to subdivision 2 of section 87 of the Public Officers Law.
(b)The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
(c)The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
9 NYCRR 368.8 - Denial of access to records
Later State Register activity may affect this section.
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)If requested records are not provided promptly, as required in section 368.6(d) of this Part, such failure shall also be deemed a denial of access.
(c)The following body shall hear appeals for denial of access to records under the Freedom of Information Law:
The Executive Committee of the New York State Division of
Probation and Correctional Alternatives
Four Tower Place
Albany, New York 12203
(518)485-2394
(d)The time for deciding an appeal by the body designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1)the date of the appeal;
(2)the date and location of the request(s) for records;
(3)the records to which the requester was denied access;
(4)whether the denial of access was in writing or due to failure to provide records promptly as required by section 368.6(d) of this Part; and
(5)the name and return address of the requester.
(e)The body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal.
(f)The body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
New York State Department of State
41 State Street
Albany, NY 12231
(g)The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (f) of this section.
9 NYCRR 368.9 - Fees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
(a)There shall be no fee charged for:
(1)inspection of records;
(2)search for records; or
(3)any certification pursuant to this Part.
(b)The fee for photocopies of records shall be 25 cents per page, not exceeding 9 by 14 inches.
9 NYCRR 368.10 - Public notice
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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)A notice containing the title or name and business address of the records access officers and appeals body, and the location where records can be seen or copied, shall be posted in a conspicuous location wherever records are kept.
9 NYCRR 368.11 - 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
(a)If any provision of these regulations 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 these regulations or the application thereof to other persons and circumstances.