New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 587

Executive Department

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Source versions current through Sep 15, 2021 - Jun 30, 2025 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 587.1 - Access to agency records

Source version current through Jun 30, 2025

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jun 30, 2025
Related Register notice
APA-39-16-00030-A · Adopted rule
Related notice published
Feb 1, 2017
Related notice effective date
Feb 1, 2017
(a)Purpose.

The agency shall provide access to records in conformance with the requirements and procedures set forth in article 6 of the Public Officers Law, entitled "Freedom of Information Law,” and its implementing regulations in 21 NYCRR Part 1401. This section provides regulations specific to the agency’s responsibilities under those authorities. Additional information about the agency’s implementation of the Freedom of Information Law is on the agency’s website at www.apa.ny.gov.

(b)Records access officer.

One or more designated project administrators shall be the agency’s records access officer(s) with the responsibilities set forth herein and in 21 NYCRR Part 1401. The business address for the records access officer is: Adirondack Park Agency, P.O. Box 99, Ray Brook, New York 12977, and the email address is: [email protected]. In the absence of the records access officer, any agency attorney except the counsel may be designated to serve in that capacity.

(c)Requests for access to records.

Requests for access to records may be submitted to the agency in writing by email, mail or in person. Record request forms are available at the Adirondack Park Agency, 1133 NYS Route 86, Ray Brook, New York and on the agency’s website at www.apa.ny.gov. Oral requests for access to records may also be allowed, although the agency may require a written request. The agency shall respond to requests for access to records in conformance with 21 NYCRR Part 1401. The agency will provide requested records by email or mail, or make them available for inspection at the Adirondack Park Agency, 1133 NYS Route 86, Ray Brook, New York.

(d)Hours for public inspection.

The agency shall accept requests for access to records and produce records during all regular business hours. Except on State holidays, or during weather or other emergencies, regular business hours are 8:30 a.m. to 5:00 p.m., Monday through Friday.

(e)Fees.
(1)No fee will be charged for electronic copies of records.
(2)Fees of 25 cents per page may be charged for photocopies of more than 50 pages of records not exceeding 9 by 14 inches in size.
(3)Other fees may be charged for the actual cost of reproducing records in accordance with 21 NYCRR Part 1401.
(f)Requests for exceptions from disclosure of records.

Requests for exceptions from disclosure of records shall be governed by section 89(5) of the Freedom of Information Law. A person submitting records to the agency may identify information therein for which an exception from disclosure is requested pursuant to that section and shall specify the facts, in reasonable detail, supporting the request. The records access officer shall identify the person(s) within the agency who shall have custody and/or access to such information and the manner of safeguarding against unauthorized access to such information until 15 days after the entitlement to such exception has been finally determined or such further time as ordered by a court of competent jurisdiction.

(g)Appeals.

Appeals shall be governed by the Freedom of Information Law or 21 NYCRR Part 1401, as applicable. Any person denied access to records, or denied a requested exception from disclosure of records, in whole or in part, may appeal in writing to the agency’s counsel. The business address of the agency’s counsel is Adirondack Park Agency, P.O. Box 99, Ray Brook, New York 12977.

9 NYCRR 587.2 - Open meetings

Source version current through Jun 30, 2025

Later State Register activity may affect this section.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jun 30, 2025
(a)Definitions.

As used in this section:

(1)Meeting means the official convening of the agency or any committee or other body consisting of agency members, or members of the general public formally created by the agency to advise it or conduct business on its behalf, for the purpose of conducting public business.
(2)Executive session means that portion of a meeting not open to the general public.
(b)General rules.
(1)In compliance with the Open Meetings Law, every meeting shall be open to the general public, except that an executive session may be called and business conducted thereat in accordance with subdivision (d) of this section.
(2)The agency member or other person presiding over a meeting may permit public participation upon such terms as he shall deem just and proper.
(3)Use of sonic recording devices at agency meetings is permitted subject to reasonable conditions.
(c)Public notice.
(1)Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given to the news media and shall be conspicuously posted in agency headquarters at least 72 hours before the meeting.
(2)Public notice of the time and place of every other meeting shall be given, to the extent practicable, to the news media and shall be conspicuously posted in agency headquarters as soon as possible prior thereto.
(d)Executive sessions.
(1)Upon a majority vote of the agency, or the members of the committee or other body thereof, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a meeting may be conducted as an executive session for the purposes specified in section 100(1) of the Open Meetings Law.
(2)The agency or the members of the subcommittee or other body may permit any person to attend an executive session.
(e)Minutes.
(1)Minutes shall be taken at all open meetings, which shall consist, at a minimum, of a record or summary of all motions, proposals, resolutions and any other matters formally voted upon, and the votes thereon.
(2)Minutes shall be taken at executive sessions of any action taken by formal vote, which shall consist, at a minimum, of a record or summary of the final determination of such action, and the date and vote thereon. Such minutes need not include any matter not required to be made public by the Freedom of Information Law and section 587.1 of this Part.
(3)Minutes of meetings shall be available to the public in accordance with the Freedom of Information Law and section 587.1 of this Part within two weeks of the date of the meeting. Minutes taken at executive sessions shall be available to the public within one week from the date of the executive session.
(f)Exemptions.

No provision of this Part shall extend to agency deliberations on projects, variances or to other quasi-judicial proceedings, or to any matter made confidential by Federal or State law.

9 NYCRR 587.3 - Conflicts of interest

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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)Purpose and scope.

This section states agency policy for the avoidance of conflicts of interest by agency members and employees.

(b)Statutory rules.

In addition to any other applicable statute or rule governing conflicts of interest, agency members and employees shall comply with the provisions of sections 73 and 74 of the Public Officers Law.

(c)Disclosure.

In order to avoid any possible conflicts of interest, or appearance of conflicts, between the duties of the agency and the business, financial, property or the personal interest of its members, each agency member:

(1)shall disclose to the full agency, either by writing filed at agency headquarters or by stating for the recordation in the minutes of an agency meeting, any business, financial, property, personal or other interest that he may have, directly or indirectly, which may appear to be in substantial conflict with the proper discharge of his public duties in any application for a permit, variance, amendment to the official map or any other matter coming before the agency;
(2)shall abstain from deliberating, discussing or voting with respect to matters in which he has such an interest; provided, however, that his presence shall be counted for the purposes of determining a quorum for the meeting; and
(3)the disclosure required by this section shall be made as soon as practicable after learning of the potential conflict.

9 NYCRR 587.4 - Ex parte communications prohibited

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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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)An ex parte communication is any communication regarding issues of fact or conclusions of law with any party or its representative or hearing officer by one party to an adjudicatory proceeding out of the presence of other parties to the same proceeding without simultaneous communication with other parties.
(b)The following prohibition shall apply to adjudicatory proceedings, including public hearings pursuant to Part 580 and Subparts 581-3 and 581-4 of this Title, or variance hearings pursuant to Part 576 of this Title.
(c)Prohibition
(1)No party or representative of a party shall communicate in any form with the agency or any member regarding any matter subject to an adjudicatory proceeding before the agency without serving copies of the communication on all other parties to the proceeding.
(2)Prior to or during an adjudicatory proceeding, no agency member or employee responsible for rendering a decision or making findings of fact and conclusions of law shall communicate in connection with any issue of fact, or issue of law, with any person, party or his representative, except upon notice and opportunity for all parties to participate; provided, however, that any agency member or employee:
(i)may communicate with other members of the agency; and
(ii)may have the aid and advice of agency staff which have not been engaged in the investigation or prosecuting functions in connection with the matter or proceeding or factually related matter or proceeding.
(d)Any agency member who receives an attempted ex parte communication must decline to hear such communication or respond. The member may explain that the matter is pending before the agency. If the member is unsuccessful in preventing the ex parte communication, the member will make a written report of the communication and the substance thereof and deliver it to counsel of the agency. Agency counsel shall be responsible for filing such report in the pending adjudicatory proceeding and separately in a file in counsel's office. Notice of receipt and filing shall be given by counsel to all parties to the particular adjudicatory proceeding and the hearing officer appointed to hear the matter.

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