9 NYCRR Part 7200 - Executive Department

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Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

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

9 NYCRR 7200.1 - Policy

Source version current through Mar 31, 2022

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: Mar 31, 2022

Consistent with the requirements of this Part, the commission shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.

9 NYCRR 7200.2 - Designation of records access officer

Source version current through Mar 31, 2022

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: Mar 31, 2022

(a)The following person has been designated as records access officer to the commission: Public Information Officer, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001.

(b)The records access officer shall ensure that the commission responds to requests for access to records in accordance with the provisions of this Part.

(c)The records access officer shall:

(1)maintain an up-to-date subject matter list;

(2)assist the requester in identifying requested records, if necessary;

(3)upon locating the records, take one of the following actions:

(i)make records available for inspection; or

(ii)deny access to the records in whole or in part, and explain in writing the reasons therefor;

(4)upon request for copies of records:

(i)make a copy available upon payment or offer to pay the fees required pursuant to section 7200.7 of this Part; or

(ii)permit the requester to copy those records;

(5)upon request, certify that a record is a true copy; and

(6)upon failure to locate records, certify that:

(i)the commission is not the custodian for such records; or

(ii)the records of which the commission is a custodian cannot be found after diligent search.

9 NYCRR 7200.3 - Location

Source version current through Mar 31, 2022

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: Mar 31, 2022

Records shall be available for public inspection and copying at: State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001.

9 NYCRR 7200.4 - Hours for public inspection

Source version current through Mar 31, 2022

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: Mar 31, 2022

Requests for public access to records of the commission shall be accepted, and records produced, on any business day between the hours of 9 a.m. and 4 p.m.

9 NYCRR 7200.5 - Requests for public access to records

Source version current through Mar 31, 2022

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: Mar 31, 2022

(a)Except as otherwise provided in this section, all requests for access to records of the commission shall be in writing and shall reasonably describe the record or records sought. Such description may include dates, file designations or any other available identifying information.

(b)The records access officer may, in his discretion, accept oral requests for records.

(c)Within five business days of receipt of a request for a record, the records access officer shall:

(1)make such record available to the person requesting it;

(2)deny such request in accordance with the provisions of section 7200.6 of this Part; or

(3)furnish a written acknowledgment of the receipt of such request and a statement of the approximate date when the request will be granted or denied.

9 NYCRR 7200.6 - Denial of access to records

Source version current through Mar 31, 2022

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: Mar 31, 2022

(a)If the records access officer determines that a written request for access to a record or records pertains to information which is exempt under the provisions of the Freedom of Information Law, he shall deny the request. Such denial shall be in writing and shall:

(1)state the specific facts and reasons for the denial; and

(2)advise the requester of the right to appeal such denial to the State Commission of Correction.

(b)Any person whose request for access to records has been denied pursuant to subdivision (a) of this section may, within 30 days, appeal such denial to the Special Counsel, State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001. Such appeal shall be in writing and shall include:

(1)the date of the request for access to records;

(2)the location of the records sought;

(3)a description of the records to which the requester was denied access;

(4)a statement as to whether the denial of access was in writing or was a failure to grant or deny access within the time period required by section 7200.5(d) of this Part; and

(5)the name and address of the requester.

(c)The commission, upon receipt of a written appeal, shall forward a copy of such appeal to the Committee on Public Access to Records, New York State Department of State, 41 State Street, Albany, NY 12231.

(d)Within 10 days of receipt of a written appeal, the commission shall inform the requester in writing of its determination to affirm or reverse the denial. If the denial is affirmed, the determination shall include the reasons for denial of access to the requested records. A copy of the determination shall be forwarded to the Committee on Public Access to Records.

9 NYCRR 7200.7 - Fees for copies of records

Source version current through Mar 31, 2022

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: Mar 31, 2022

The fee for copies of records shall be 25 cents per page not in excess of 9 inches by 14 inches, or the actual cost of reproducing any other record.

9 NYCRR 7200.8 - Subject matter list

Source version current through Mar 31, 2022

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: Mar 31, 2022

(a)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 such records are available pursuant to the Freedom of Information Law.

(b)The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.

(c)The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.

9 NYCRR 7200.9 - Public notice

Source version current through Apr 15, 2022

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: Apr 15, 2022

The commission shall post a notice containing the title and business address of the records access officer, the persons determining appeals, and the location where records can be seen or copied, in a conspicuous location where records are kept.

9 NYCRR 7200.10 - Severability

Source version current through Mar 31, 2022

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: Mar 31, 2022

If any provision of these regulations 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 these regulations or the application thereof to other persons and circumstances.

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