Title 9 Part 7801 NYCRR — browse free

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Compiled text through May 15, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7801.1 - Purpose and scope

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The people's right to know the process of government decisionmaking and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.

(b)This Part provides information concerning the procedures by which public records of the State Energy Office may be obtained.

(c)State Energy Office personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.

(d)Any conflicts among laws and regulations governing public access to records shall be construed in favor of the widest possible availability of public records.

9 NYCRR 7801.2 - Designation of records access officer

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The Commissioner of the State Energy Office is responsible for assuring compliance with this Part. The commissioner designates the following person as the records access officer of the State Energy Office: Counsel, State Energy Office, Agency Building 2, Empire State Plaza, Albany, NY 12223.

(b)The records access officer shall coordinate responses to requests for public access to records. Designation of a records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available from continuing to do so.

9 NYCRR 7801.3 - Location

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Records shall be available for public inspection and copying at the following address: State Energy Office, Agency Building 2, Empire State Plaza, Albany, NY 12223.

9 NYCRR 7801.4 - Hours for public inspection

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Requests for public access to records shall be accepted and records shall be produced Monday through Friday, during regular business hours, 8:30 a.m.-4:45 p.m.

9 NYCRR 7801.5 - Subject matter list

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The records access officer shall be responsible for assuring that State Energy Office personnel maintain a list by subject matter of all records in the possession of the State Energy Office, whether or not records are available pursuant to section 87(2) of the Public Officers Law. The list shall be sufficiently detailed to permit identification of the category of the record sought, and shall be updated not less than twice per year, with the most recent update appearing on the front page of the list.

9 NYCRR 7801.6 - Requests for public access to records

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A request for records shall be directed to the records access officer. The request may be made orally or in writing.

(b)A request shall describe the record or records sought with as much specificity as possible. Whenever possible, a person requesting records shall supply information regarding the titles and dates of the records, file designations or other information that may help to describe the records sought.

9 NYCRR 7801.7 - Response to requests for access to records

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Within five business days after the receipt of a request pursuant to this Part, the State Energy Office shall respond to the request by:

(1)permitting inspection of the records sought; or providing copies of the records sought, upon payment of fees calculated according to section 7801.10 of this Part, or upon an offer to pay such fees;

(2)denying access, in whole or in part, to the records sought, with an explanation in writing of the reasons therefor, and indicating that the denial may be appealed under section 7801.8 of this Part;

(3)asking for clarification of the request;

(4)furnishing a statement of the date when the request will be granted or denied which shall include, where appropriate, a statement that access to the record will be determined in accordance with the procedure prescribed in section 7801.9 of this Part and in the Public Officers Law, section 89(5), regarding trade secrets; or

(5)certifying that the State Energy Office is not the custodian of the records sought, or that the records cannot be found after diligent search.

(b)The State Energy Office shall grant access to records to the greatest extent consistent with the public interest. However, the State Energy Office may deny access to records or a portion thereof that:

(1)are specifically exempted from disclosure by State or Federal statute;

(2)if disclosed would constitute an unwarranted invasion of personal privacy under the provisions of subdivision two of section 89 of the Public Officers Law;

(3)if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

(4)are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise;

(5)are compiled for law enforcement purposes and which, if disclosed, would:

(i)interfere with law enforcement investigations or judicial proceedings;

(ii)deprive a person of a right to a fair trial or impartial adjudication;

(iii)identify a confidential source or disclose confidential information relating to a criminal investigation; or

(iv)reveal criminal investigative techniques or procedures, except routine techniques and procedures;

(6)if disclosed would endanger the life or safety of any person;

(7)are inter-agency or intra-agency materials which are not:

(i)statistical or factual tabulations of data;

(ii)instructions to staff that affect the public; or

(iii)final agency policy or determinations; or

(8)are examination questions or answers which are requested prior to the final administration of such questions.

(c)If the State Energy Office fails to respond to a request within five business days of receipt of a request, or if the State Energy Office fails to grant or deny access within 10 business days after the date of acknowledgment of receipt of a request, such failure may be construed as a denial of access which may be appealed under section 7801.8 of this Part.

(d)No records may be removed by the requesting party from the immediate office where the records are located without the permission of the supervising officer responsible for the original preparation or custody of the records.

(e)On request, the records access officer shall certify that a copy of a record provided is a true copy.

9 NYCRR 7801.8 - Appeals from denials of access to records

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Except as provided in subdivision (f) of this section, any person denied access to records may appeal within 30 days from the date of a denial.

(b)The following person shall hear appeals from denials of access to records, under section 89(4)(a) of the Public Officers Law: Deputy Commissioner, State Energy Office, Agency Building 2, Empire State Plaza, Albany, NY 12223.

(c)Whenever the State Energy Office receives an appeal pursuant to this section, it shall transmit a copy of the appeal to the Committee on Public Access to Records at the following address: Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, NY 12231.

(d)The deputy commissioner shall inform the appellant and the Committee on Public Access to Records of his determination, in writing, within seven business days of receipt of a written appeal, identifying:

(1)the date and location of requests for access to records;

(2)the records that were denied; and

(3)the name and return address of the appellant.

(e)A determination by the deputy commissioner upholding a denial of access to records shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.

(f)Administrative appeals from, and judicial review of, State Energy Office denials of access to records under section 7801.7(b)(4) of this Part, and State Energy Office determinations to permit access to records despite requests that those records be accorded trade secrets status as provided in section 7801.9 of this Part, shall be governed by section 7801.9 rather than this section.

9 NYCRR 7801.9 - Trade secrets

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 7801.10 - Fees

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)There shall be no fee charged for:

(1)inspection of records;

(2)search for records; or

(3)any certification issued pursuant to this Part.

(b)There shall be fees charged as follows:

(1)a fee of 25 cents per page for each copy not exceeding 9 × 14 inches in size for reproductions made on copying machines; and

(2)a fee equal to the actual cost of materials and machine time for reproductions which cannot be made on a copying machine. The actual cost shall be the average unit cost for reproducing a record, excluding fixed costs such as operator salaries.

9 NYCRR 7801.11 - Severability

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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.

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