New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 550
Executive Department
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10 sections
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Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.9 NYCRR 550.1 - Purpose and scope
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
The people's right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our society. This Part provides information concerning the procedures by which records may be obtained from the New York State Office of Information Technology Services.
9 NYCRR 550.2 - Definitions
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
For purposes of this Part:
(a)The term executive deputy commissioner means the executive deputy commissioner of the New York State Office of Information Technology Services.
(b)The term office means the New York State Office of Information Technology Services.
(c)The term record means a record as defined in section 86 of the Freedom of Information Law.
(d)The term records access officer means an employee of the office designated by the executive deputy commissioner to receive and respond to inquiries to inspect and copy those records in the possession of the office.
9 NYCRR 550.3 - Duties of the records access officer
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
The records access officer shall:
(a)coordinate the office's response to public requests for access to its records;
(b)provide information concerning the nature and location of records;
(c)maintain a current list of records, indexed according to subject matter, for public inspection;
(d)respond to all inquiries relating to the availability to the public of the office's records pursuant to the Freedom of Information Law;
(e)receive and process request for access to records in the manner prescribed by this Part;
(f)receive and process requests for the copying of records in the manner prescribed by this Part;
(g)have responsibility for the safekeeping of records under inspection;
(h)have the cooperation and assistance of all personnel of the office in the performance of his or her functions under this Part;
(i)designate one or more members of the office, as he or she deems necessary, to serve as assistant records access officer and such assistant or assistants shall have only those functions and responsibilities which are expressly delegated to such assistant or assistants by the records access officer; and
(j)charge and receive for the copying or inspection of records the fees prescribed by this Part.
9 NYCRR 550.4 - Subject matter list
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
(a)The records access officer shall maintain and make available for public inspection and copying a current list, by subject matter, of those records, as enumerated within the Freedom of Information Law, which are available for public inspection. The list shall be sufficiently detailed to permit the requester to identify the file category of the record sought.
(b)The subject matter list shall be updated periodically, and the date of the most recent updating shall be listed first. The subject matter list shall be updated no less frequently than twice per year.
9 NYCRR 550.5 - Requests for public access to records
Related State Register notice: Adopted rule ITS-37-23-00005-A. Published Jan 10, 2024. Notice effective date: Jan 10, 2024.
Source version current through Aug 15, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- ITS-37-23-00005-A · Adopted rule
- Related notice published
- Jan 10, 2024
- Related notice effective date
- Jan 10, 2024
Current section text is not available here.
9 NYCRR 550.6 - Inspecting and copying of records
Related State Register notice: Adopted rule ITS-37-23-00005-A. Published Jan 10, 2024. Notice effective date: Jan 10, 2024.
Source version current through Aug 15, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
- Related Register notice
- ITS-37-23-00005-A · Adopted rule
- Related notice published
- Jan 10, 2024
- Related notice effective date
- Jan 10, 2024
Current section text is not available here.
9 NYCRR 550.7 - Protection of trade secrets
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
(a)In addition to the prohibitions on disclosure described in section 550.5(d) of this Part, the records access officer may deny access to records or portions thereof that are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.
(1)Any person who submits information to the office, which is not otherwise exempted from disclosure under the laws of the State of New York or the United States, may request that the records access officer except such information from disclosure as a trade secret pursuant to sections 87(2)(d) and 89(5) of the Freedom of Information Law. Where the request itself contains information which, if disclosed, would defeat the purpose for which the exception is sought, such information will also be excepted from disclosure.
(2)The request to the records access officer for an exception must be in writing, specify the information or portions thereof for which the exception is requested, and state the reasons why such information should be excepted from disclosure.
(3)Records or parts of records identified as trade secrets at submission shall continue to be charged to the custody of the head of the division, bureau or office with which the record is filed. That individual shall specify which persons subject to his or her supervision may inspect such records. The executive deputy commissioner, the records access officer, the records appeals officer and his or her assistant or assistants shall be entitled to inspect such records.
(b)The records access officer shall, at any time, or upon receipt of a request for disclosure of such a record, determine whether the request for exception will be granted, continued, terminated or denied. Before doing so, such officer shall:
(1)notify the person who requested the exception that a determination is to be made, and of such person's right to submit a written statement within 10 business days of receipt of the notice, regarding the necessity for granting or continuing the exemption from disclosure;
(2)permit the person who requested the exception, within 10 business days of receipt of notification from the department, 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 exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on Open Government.
(c)A denial of an exception from disclosure under subdivision (b) of this section may be appealed by the person submitting the information, and a denial of access to the record may be appealed by the person requesting the record in accordance with the procedure outlined in section 550.8 of this Part.
9 NYCRR 550.8 - Procedure to be followed in the event of denial of access to records or denial of exception from disclosure
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
(a)The executive deputy commissioner hereby designates the Counsel in the Office of Counsel of the office as “records appeals officer” to decide appeals from denial of access to records or denial of exception from disclosure under the Freedom of Information Law. The address of the records appeals officer is: Counsel, Office of Counsel, New York State Office of Information Technology Services, State Capitol/Empire State Plaza, P.O. Box 2062, Albany, NY 12220. The records appeals officer may designate one or more members of the office, as he or she deems necessary, to serve as assistant records appeals officer and such assistant or assistants shall have only those functions and responsibilities which are expressly designated to the assistant or assistants by the records appeals officer.
(b)Denial of access to requested records and denial of exception from disclosure by the records access officer shall be in writing, stating the reason for the denial and informing the requester of his or her right to appeal the denial to the records appeals officer. The written notice of denial shall also contain the name, title, business address, and business telephone number of the records appeals officer. Notice of such denial shall also be given to the agent or authorized representative of the requester, if any.
(c)A person who has been denied access to a requested record by the records access officer shall have the right to appeal the denial to the records appeals officer within the following limitations of time:
(1)If the records access officer responds to the request with a written statement of denial of access to records within the required five business days, said five-day period computed as provided in section 550.5(c)(1) of this Part, or by the approximate date identified in the response acknowledging receipt of the request, a written statement of appeal must be received by the records appeals officer 30 days from the date of denial of access to the requested record.
(2)In the event that the records access officer fails to produce a record or deny a request for access to records by the approximate date identified in the response acknowledging receipt of the request, the request shall be deemed denied, and a written statement of appeal must be received by the records appeals officer within 30 days following the 10th business day from the approximate date provided by the records access officer at the time application for access is made.
(3)If the records access officer fails to process a request for records without explanation or reason to the requester thereof within five business days, said five-day period computed as provided in section 550.5(c)(1) of this Part, the request shall be deemed denied, and a written statement of appeal must be received by the records appeals officer 30 days from the date of the application for access to records.
(d)A person who has been denied an exception from disclosure pursuant to section 550.7 of this Part shall have the right to appeal the denial by filing a written statement of appeal from the determination of the records access officer with the records appeals officer, within seven business days of receipt of the written notice denying such request.
(e)In order to perfect a proper and timely appeal, the written statement of appeal received by the records appeals officer from the appellant must set forth:
(1)the date and the location of the application for request to access to the office's records, or for request for an exception disclosure;
(2)the record, identified with particularity, to which the requester was denied access, or was denied an exception; and
(3)the name and return address of the requester.
(f)The records appeals officer shall, within 10 business days, excluding the day of the proper commencement of the appeal, determine the right of access to records, or, within seven business days, excluding the day of the proper commencement of the appeal, determine the right of exception from disclosure. Where he or she decides the denial of access was improper, he or she shall order the records access officer to allow the requester access to such records. Where he or she decides the denial of exemption from disclosure was improper, he or she shall order the records access officer to except such records from disclosure. Where he or she decides the denial of access was correct, he or she shall state the reason or reasons therefor and mail a copy of his or her decision to the appellant on or before the aforesaid period by registered or certified mail of the United States Postal Service and to his or her agent or authorized representative, if any, by ordinary mail. In addition, the records appeals officer shall immediately, upon receipt, forward a copy of such appeal to the Committee on Open Government. He or she shall also forward to such committee a copy of the ensuing decision.
(g)A final denial of access or of exception from disclosure to a requested record by the records appeals officer is subject to court review as provided under section 89 of the Freedom of Information Law.
9 NYCRR 550.9 - Fees
Source version current through Aug 15, 2022
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
- Related Register notice
- ITS-37-23-00005-P · Proposed rule
- Related notice published
- Sep 13, 2023
Except where fees or exemptions from fees have been established by statute the following rules shall apply to fees:
(a)There shall be no fee charged for:
(1)inspection of the itemized record, prepared pursuant to section 87(3)(b) of the Freedom of Information Law, setting forth the name, address, title, and salary of each officer or employee of the office;
(2)inspection of the current list by subject matter of all records in the possession of the office that the office is required to maintain under section 87(3)(c) of the Freedom of Information Law;
(3)inspection of records of the office that are required to be disclosed under the Freedom of Information Law where no deletion of any part of the contents thereof is permitted or required; or
(4)a certification pursuant to this Part.
(b)The fee for a copy of a record which is of a size not exceeding 9 inches in width by 14 inches in length shall be $.25 per page.
(c)The fee for copies of records not covered by subdivision (b) of this section shall not exceed the actual cost of reproducing the record, excluding, however, fixed costs of the office such as operator salaries.
(d)The fee for the inspection of a copy of a record where deletion of any part of the contents thereof is permitted or required shall be the fee prescribed in subdivision (a) or (b) of this section.
9 NYCRR 550.10 - Public notice
Related State Register notice: Adopted rule ITS-37-23-00005-A. Published Jan 10, 2024. Notice effective date: Jan 10, 2024.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Related Register notice
- ITS-37-23-00005-A · Adopted rule
- Related notice published
- Jan 10, 2024
- Related notice effective date
- Jan 10, 2024
Current section text is not available here.