New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 483
Executive Department
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9 NYCRR 483.1 - Purpose and scope
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
- Aug 15, 2022
(a)The division agrees with the principle that the people have the right to know the process by which government makes its decisions, and that the people should have access to the documents and the statistics on which such determinations are based.
(b)The division, being a statewide law enforcement agency mandated by law (section 223, Executive Law) to prevent and detect crime and to apprehend criminals, adheres to the principle that the greatest protection must be exercised to protect the identity and safety of those, who in confidence, assist the division in carrying out its mandate.
(c)Adhering to these principles, the division promulgates this Part with the intent and purpose of making available to the public the opportunity to inspect, copy, or obtain copies of its records, in accordance with the authority and limitations provided in article 6 of the Public Officers Law, commonly known as the: Freedom of Information Law.
9 NYCRR 483.2 - Definitions
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
Unless the context requires otherwise, the definitions used in this Part have the following meanings:
(a)Division means the New York State Police, as established by section 210 of the Executive Law.
(b)Superintendent means the head of the New York State Police, as established by section 210 of the Executive Law.
(c)Division headquarters means the facility where the headquarters staff, as set forth in section 215, subdivision 1-a of the Executive Law, is housed and which facility is located at Building 22, 1220 Washington Avenue, Albany, NY 12226-2252.
(d)Division installation means all buildings or parts of buildings, other than division headquarters, located throughout the State and which are used by the division for official purposes in carrying out the statutory responsibilities of the division.
(e)Record means a document, as defined by subdivision 4 of section 86 of the Public Officers Law, except a blotter.
(f)Blotter means the bound book in which is entered, by date and time, official police activities of the division which is kept at division installations.
(g)Member means a police officer duly appointed to the Division of State Police by the superintendent.
9 NYCRR 483.3 - Designation of records access officer; duties
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)The Technical Lieutenant—Central Records Section, having an office at division headquarters, shall be the division's records access officer.
(b)The records access officer shall:
(1)supervise a staff of division personnel as may be assigned by the superintendent. 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;
(2)except as provided for in section 483.7 of this Part, make a determination to grant or deny a request to inspect and copy a record, or to permit the requesting party to copy from a photocopy of the original record with portions deleted therefrom;
(3)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;
(4)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;
(5)If a request to inspect and copy a record is granted, advise the requesting party as to the cost thereof, according to the fee schedule set forth in section 483.8 of this Part, and when such copy will be forwarded to the requesting party;
(6)if a request for a copy is denied in whole or in part, advise the requesting party of the reasons for the denial in writing;
(7)if the requesting party seeks to made a copy of a record, permit the requesting party to make such copy only in accordance with the procedure set forth in section 483.5 of this Part; and
(8)upon request, certify that a transcript is a true copy of a record copied or that the division is not the legal custodian of such record, or that the requested record cannot be found.
9 NYCRR 483.4 - Designation of fiscal officer; duties
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)The Director of State Police Fiscal Management, having an office at division headquarters, shall be the division's fiscal officer.
(b)The fiscal officer shall maintain a record setting forth the name, public office address, title and salary of every officer or employee of the division.
9 NYCRR 483.5 - Location of records for inspection; hours
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)All original records are kept by the superintendent at division headquarters. Unless otherwise directed by the records access officer:
(1)inspection of an original record or a copy, in whole or in part, shall be made at division headquarters; and
(2)all blotter entries shall be inspected at the division installation where the blotter is located.
(b)A record shall be inspected at division headquarters by prior arrangement as directed by the records access officer; this inspection shall be made in the presence of and under the supervision of a member.
(c)Blotter entries shall be inspected at the appropriate division installation during business hours, except on Saturday, Sunday and holidays. These inspections shall be subject to the availability of a member to supervise such an inspection; these inspections shall not impede or curtail regular official business functions being conducted at such installation.
9 NYCRR 483.6 - Requests for inspection and copying of 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
- Aug 15, 2022
(a)All requests to inspect or copy records shall be made in writing and directed to the records access officer at division headquarters; no oral requests to inspect or copy a record shall be permitted.
(b)Requests to inspect and copy blotter entries may be made orally, in person, or by a written request directed to the member in charge of the division installation where such blotter is kept.
(1)Unless otherwise prohibited by law, only such blotter entries as are identified by the requesting party shall be available for inspection or copying.
(c)All written requests to inspect, copy, or to have copies made of a record or blotter entry shall be responded to within no more than five business days, unless such time limit cannot be met because of extraordinary circumstances. If extraordinary circumstances exist, the request shall nonetheless be acknowledged and the requesting party advised of the earliest date that such request will be acted upon.
(d)To assist the people in making their requests to inspect or copy a record, the division shall maintain a list, by subject matter, of all records in the possession of the division since September 1, 1974. Requests for a copy of this list shall be made in writing and directed to the records access officer.
(e)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.
9 NYCRR 483.7 - 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
- Aug 15, 2022
(a)Denial of access to records may be appealed by the aggrieved requesting party to the Assistant Deputy Superintendent—Administration, who is designated by the superintendent to hear and determine appeals on denial of access to records. An appeal shall be made no later 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 on denial of access to records shall be made in writing by the aggrieved requesting party. These appeals shall be addressed to division headquarters and directed to the attention of the Assistant Deputy Superintendent—Administration, 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; and
(3)the name and return address of the requesting party.
(c)The Assistant Deputy Superintendent—Administration shall inform the requesting party of his/her decision, in writing, within seven business days from receipt of the appeal, together with the information set forth in paragraphs (b)(1)-(3) of this section, or if unable to do so, the Assistant Deputy Superintendent—Administration shall advise the requesting party in writing, within seven business days, as to when his/her decision and the reasons for such decision shall be forthcoming.
(d)A continued denial of access to a record made by the Assistant Deputy Superintendent—Administration, as provided for in this section, shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules (CPLR). A failure of the Assistant Deputy Superintendent—Administration to hear an appeal within the seven business days provided for in this Part may be considered by the requesting party as a continued denial by the Assistant Deputy Superintendent—Administration, for the purpose of permitting the aggrieved requesting party to proceed immediately with a court review as provided for in article 78 of the Civil Practice Law and Rules (CPLR).
9 NYCRR 483.8 - 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
- Aug 15, 2022
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, except for records that make up all or any part of an accident or investigative report, when the fee shall be $15 per report.
(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.
(c)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 Part.
9 NYCRR 483.9 - Severability
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
- Aug 15, 2022
If any provision or application of this Part to any person or circumstances 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.