Title 9 Part 6150

The purpose of this Part is to set forth the methods and procedures governing the availability, location, and nature of those records of the Division of Criminal Justice Services subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.

For the purposes of this Part:

Subject to the exceptions set forth in section 6150.4 of this Part, all records maintained by DCJS shall be available for public inspection and copying. These shall include but not be limited to:

Notwithstanding the provisions of section 6150.3 above, the following types of records shall be exempt from public inspection and/or copying:

On behalf of DCJS, the records access officer shall maintain and make available for public inspection and copying a current list, by subject matter, of the types of records produced, filed, or first kept by DCJS whether or not available under this act. Such lists shall be in conformity with such regulations as may be promulgated by the State Committee on Public Access to Records.

All requests for access to records maintained by DCJS, other than an itemized payroll record, shall be processed as follows.

Any person wishing to inspect and/or copy any record, other than a payroll record, may apply at one of the following locations:

Records Access Officer, New York State Division of Criminal Justice Services, Executive Park Tower, Stuyvesant Plaza, 5th floor, Albany, N.Y. 12203.

Records Access Officer, New York State Division of Criminal Justice Services, 80 Centre Street, 4th floor, New York, N.Y. 10013

All requests for access shall be in writing on a form prescribed by the records access officer, identifying the record requested with reasonable particularity. Blank forms may be obtained from the records access officer either personally on any workday, or by mail addressed to such office.

Completed forms may be submitted to the records access officer personally on any workday between the hours of 9:30 a.m. and 4 p.m. Upon receipt of such a request, on the proper form and at the appropriate time, the records access officer shall notify the applicant of one of the following results:

All requests shall be fully processed by the records access officer at the earliest possible time. In view of the time required to conduct record searches, locate and copy certain information, DCJS reserves the right to respond to inquiries or shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied within five working days of receiving the request. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the record may be construed as a denial of access that may be appealed.

The records access officer may at his or her discretion waive any formality prescribed by this section, including the use of application forms prescribed by such officer.

The fiscal officer of DCJS shall be the custodian of the itemized payroll records of DCJS. Any bona fide member of the news media wishing to inspect and/or obtain a copy of such itemized payroll record may apply to the fiscal officer by appearing in person on any workday between the hours of 9:30 a.m. and 3 p.m. at the DCJS Albany offices. Upon receipt of such an application at the appropriate time and on the proper form prescribed by the New York State Comptroller, and upon production by such member of appropriate identification, the fiscal officer shall produce the payroll record for inspection. Upon request, the fiscal officer shall provide the member with a copy of the payroll record.

In accordance with the provisions of subdivision 2 of section 89 of the Public Officers Law, section 6150.4 of this Part, and in conformance with such guidelines as may be promulgated by the State Committee on Public Access to Records, prior to making a record available for public inspection and/or copying, the records access officer may delete from it any identifying details the disclosure of which would result in an unwarranted invasion of personal privacy. In the event that one or more deletions are so made, the records access officer shall give notice of that fact to the person given access to the record. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be deleted effectively, the records access officer shall deny access to such record as provided in section 6150.10 of this Part.

If the records access officer determines that an application to inspect and/or copy records pertains to information required to be disclosed under section 6150.3 of this Part and is not otherwise exempt from disclosure under section 6150.4 of this Part, he shall grant the application. If the records access officer determines that an application to inspect and/or copy records pertains to other information not exempt under section 6150.4 of this Part, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempt under section 6150.4 of this Part he shall deny such application. In denying an application, the records access officer shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the commissioner.

Any person whose application to inspect and/or copy records has been denied pursuant to section 6150.10 of this Part may appeal such denial within 30 days of such denial to the commissioner at 80 Centre Street in New York City. Such appeal must be in writing on a form prescribed by DCJS and shall set forth: the name and address of the applicant; the specified record(s) requested; the date of the denial; the reasons given for the denial; and other evidence the applicant deems pertinent. The commissioner shall, upon receipt of a written appeal, immediately review the matter and affirm, modify or reverse the denial. If the commissioner affirms or modifies the denial he shall, within seven days of the receipt of the appeal: (a) communicate his reasons for such affirmation or modification to the person making the appeal; and (b) inform such person of his right to appeal such affirmation or modification under article 78 of the Civil Practice Law and Rules. Copies of all appeals and determinations of those appeals will be transmitted to the State Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York 12231.

If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.