New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 462
Executive Department
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5 sections
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9 NYCRR 462.1 - Procedures for providing 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)Form for request.
(1)All requests shall be made in writing except that the agency may make records available upon an oral request made in person.
(2)A request may be addressed to the main office records access officer, to the personnel records access officer or to a regional records access officer.
(3)A request shall reasonably describe the record or records sought. Whenever possible, the data subject should supply identifying information that will assist in locating the records sought.
(b)Proof of identity.
(1)When a request is made by mail, the agency may require verification of a signature of inclusion of an identifier generally known only by the data subject, or similar appropriate identification.
(2)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.
(c)Location.
Records shall be made available at the agency's central office. However, the agency shall arrange for records to be made available at the regional headquarters nearest the residence of the data subject whenever possible.
(d)Hours.
The agency shall accept requests for records and make records available during all regular business hours.
(e)Processing the request.
In processing the request, the records access officer shall:
(1)assist the data subject in identifying and requesting personal information, if necessary;
(2)describe 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 pertaining to him or her;
(3)within five days of the receipt of a written request, either:
(i)make the record available;
(ii)deny access to the record in whole or in part and explain in writing the reasons therefor; or
(iii)acknowledge receipt of the request in writing and advise the data subject of the date by which the request will be granted or denied;
(iv)if an acknowledgment was given to the data subject according to this paragraph, grant or deny access to the record within 30 days.
(f)Making the record available.
In making a record available, the agency shall:
(1)make the record available for review, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;
(2)permit the data subject to copy the record;
(3)make a copy of the record for the data subject, upon request, and upon the payment of or offer to pay the required fee, which shall be the same as the fee set out at section 461.9 of this Title; and
(4)upon request, certify that a copy of a record is a true copy.
(g)Upon request, another person may accompany the data subject, when reviewing or obtaining copies of records. The records access officer may require the data subject to furnish a written statement authorizing discussion of the record in the other person's presence.
9 NYCRR 462.2 - Amendment 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
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 pertains to the data subject, the agency shall either:
(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, and for which the agency has a record of such disclosure or for which the data subject supplies the name; or
(b)inform the data subject in writing of its refusal to correct or amend the record, including the reasons therefor, and identify the person to whom an appeal may be directed.
9 NYCRR 462.3 - Appeal procedure
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)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to this section may, within 30 business days of such denial, appeal the denial.
(b)Such appeal shall be in writing and shall be addressed to the Commissioner of Parks, Recreation and Historic Preservation at the address shown at section 461.8(c) of this Title, and shall contain the following:
(1)the date and location of the request for a record or for 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 the receipt of a complete appeal of a denial of access, or within 30 business days where the appeal concerns a denial of a request for correction or amendment, the commissioner shall:
(1)provide access to or correct or amend the record or personal information;
(2)fully explain in writing the factual and statutory reasons for further denial, and inform the data subject to 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 and for which the agency has a record of such disclosure or the data subject supplies the name.
(e)The agency shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this section upon receipt, the determination thereof and the reasons therefor at the time of such determination.
9 NYCRR 462.4 - Statement of disagreement by data subject
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)If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the written decision rendered pursuant to the appeal shall inform the data subject of the right to:
(1)file with this agency a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and
(2)request that such 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, and for which the agency has a record of such disclosure or the data subject supplies the name.
(b)Upon receipt of a statement of disagreement by a data subject, the records access officer shall:
(1)clearly note any portions of the record that are disrupted; and
(2)attach the data subject's statement as part of the record. When providing the data subject's statement to entities pursuant to paragraph (a)(2) of this section, the agency may include in the record a statement of its reasons for not making the requested amendment.
9 NYCRR 462.5 - Records which are exempt from disclosure
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
The following records are exempt from disclosure:
(a)records specifically prohibited by statute from disclosure;
(b)patient records concerning mental disabilities or medical records where access is not otherwise required by law;
(c)inmate records;
(d)attorney's work product;
(e)an accounting of a disclosure for law enforcement purposes, if specifically notified not to make such disclosure by the receiving agency; and
(f)records or information which are not identifiable or retrievable without extraordinary search methods.