Title 9 Part 565

The purpose of this Part is to set forth the methods and procedures governing the availability, location and nature of those records of the Governor's Office of Employee Relations subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.

On behalf of the office, the records access officer shall maintain a reasonably detailed current list by subject matter of all records in the possession of the agency, whether or not available under Public Officers Law, article 6 and this Part.

Any person who is denied access to a record adequately identified by such person pursuant to subdivision (a) of section 565.3 of this Part, may appeal such denial in writing to the director. Such appeal shall state the basis for the applicant's assertion that the record must be produced. Following consideration by the director of such written appeal, the director may either make such record available for examination by the person making such appeal or further deny such access. Any such denial shall be made within seven business days of receipt of such appeal and shall be accompanied by a full explanation, in writing, of the director's reasons for such denial. Such denial by the director shall be subject to review in the manner provided by article 78 of the Civil Practice Law and Rules.