9 NYCRR Part 7802 - Executive Department

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Source versions current through May 15, 2022 - Oct 31, 2022 across sections

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

9 NYCRR 7802.1 - Earlier source heading: Purpose and scope

Source version current through May 15, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Current section text is not available here.

9 NYCRR 7802.2 - Definitions

Source version current through Oct 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: Oct 31, 2022

As used in this Part, the following words and terms shall have the indicated meanings:

(a)Data subject means any natural person about whom personal information has been collected by an agency.

(b)Personal information means any data concerning a data subject which, because of name, number, symbol, mark or other identifier, can be used to identify that data subject.

(c)Record means any item, collection or grouping of personal information about a data subject which is maintained and is retrievable by use of the name or other identifier of the data subject. The term record shall not include personal information not used to make a determination about a data subject such as:

(1)a telephone book or directory;

(2)a card catalog, book or other resource material in any library;

(3)a compilation of information containing names and addresses used exclusively for mailing agency information;

(4)personal information required by law to be maintained, and required by law to be used only for statistical research or reporting purposes;

(5)information requested by the State Energy Office which is necessary to answer unsolicited requests by the data subject for information; or

(6)correspondence files.

(d)System of records means any group of records under the actual or constructive control of the State Energy Office pertaining to one or more data subjects from which personal information is retrievable by use of the name or other identifier of a data subject.

9 NYCRR 7802.3 - Designation of privacy compliance officer

Source version current through May 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: May 15, 2022

(a)The General Counsel of the State Energy Office is hereby designated privacy compliance officer and is responsible for ensuring that the agency complies with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating the agency's response to requests for access to records, or amendment or correction of records.

(b)The address and telephone number of the privacy compliance officer is: State Energy Office, Two Rockefeller Plaza, Albany, NY 12223, (518) 473-4937.

(c)The privacy compliance officer shall ensure that the State Energy Office:

(1)assists a data subject in identifying and requesting personal information, if necessary;

(2)describes the contents of systems of records orally or in writing in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;

(3)takes one of the following actions upon locating the record sought:

(i)make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

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

(4)makes a copy available, upon request, upon payment of or offer to pay established fees, if any;

(5)upon request, certifies that a copy of a record is a true copy; or

(6)certifies, upon request, that:

(i)the agency does not have possession of the record sought;

(ii)the agency cannot locate the record sought after having made a diligent search; or

(iii)the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject without extraordinary search methods being employed by the State Energy Office.

9 NYCRR 7802.4 - Proof of identity

Source version current through May 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: May 15, 2022

(a)When a request is made in person, or when records are made available in person following a request made by mail, the State Energy Office may require appropriate identification, such as a driver's license, an identifier assigned to the data subject by the State Energy Office, a photograph or similar information that confirms that the record sought pertains to the data subject.

(b)When a request is made by mail, the State Energy Office may require verification of a signature or inclusion of an identifier generally known only by a data subject, or similar appropriate identification.

(c)Proof of identity shall not be required regarding a request for a record accessible to the public pursuant to article 6 of the Public Officers Law.

9 NYCRR 7802.5 - Location

Source version current through May 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: May 15, 2022

Records shall be made available for inspection and copying at the following address: State Energy Office, Two Rockefeller Plaza, Albany, NY 12223.

9 NYCRR 7802.6 - Hours for public inspection and copying

Source version current through May 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: May 15, 2022

The State Energy Office shall accept requests for records and produce records Monday through Friday, during regular business hours, which are 8:30 a.m. to 5 p.m.

9 NYCRR 7802.7 - Requests for records

Source version current through May 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: May 15, 2022

(a)All requests shall be made in writing, except that the State Energy Office may make records available upon an oral request made in person after the applicant has demonstrated proof of identity.

(b)A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the State Energy Office in locating the records sought.

(c)Requests based upon categories of information described in a notice of a system of records or a privacy impact statement shall be deemed to reasonably describe the record sought.

(d)Within five business days of the receipt of a request, the State Energy Office shall provide access to the record, deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of the acknowledgment.

9 NYCRR 7802.8 - Correction or amendment of records or personal information

Source version current through May 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: May 15, 2022

Within 30 business days of a request from a data subject for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the State Energy Office shall:

(a)make the amendment or correction in whole or in part and inform the data subject that, on request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law; or

(b)inform the data subject in writing of its refusal to correct or amend the record or personal information, including the reasons therefor.

9 NYCRR 7802.9 - Denial of request for a record or amendment or correction of a record or personal information

Source version current through May 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: May 15, 2022

(a)Denial of a request for records or amendment or correction of a record or personal information:

(1)shall be in writing, explaining the reasons therefor; and

(2)shall identify the person to whom an appeal may be directed.

(b)A failure to grant or deny access to records within five business days of the receipt of a request or within 30 days of an acknowledgment of the receipt of a request, or a failure to respond to a request for amendment or correction of a record or personal information within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

(c)Any such denial may be appealed to, Deputy Commissioner for Operations, State Energy Office, Two Rockefeller Plaza, Albany, NY 12223.

9 NYCRR 7802.10 - Appeal

Source version current through May 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: May 15, 2022

(a)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 7802.9 of this Part may, within 30 business days of such denial, appeal to the Deputy Commissioner for Operations.

(b)The time for deciding an appeal sha1l commence upon receipt of an appeal that identifies:

(1)the date and location of a request for a record or amendment or correction of a record or personal information;

(2)the record that is the subject of the appeal; and

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

(c)Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the Deputy Commissioner for Operations shall:

(1)provide access to or correct or amend the record or personal information; or

(2)fully explain in writing the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d)If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e)The State Energy Office shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part upon receipt, and the determination thereof and the reasons therefor at the time of such determination.

9 NYCRR 7802.11 - Statement of disagreement by data subject

Source version current through May 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: May 15, 2022

(a)If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:

(1)file with the State Energy Office a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination;

(2)request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(b)Upon receipt of a statement of disagreement by a data subject, the State Energy Office shall:

(1)clearly note any portions of the record that are disputed; and

(2)attach the data subject's statement as part of the record.

(c)When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the State Energy Office may also include a concise statement of its reasons for not making the requested amendment or correction.

9 NYCRR 7802.12 - Fees

Source version current through May 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: May 15, 2022

(a)Unless otherwise prescribed by statute, there shall be no fee charged for:

(1)inspection of records;

(2)search for records; or

(3)any certification pursuant to this Part.

(b)Unless otherwise prescribed by statute, copies of records shall be provided:

(1)at a rate of 25 cents per photocopy up to 9 × 14 inches, or

(2)upon payment of the actual cost of reproduction, if the record or personal information cannot be photocopied.

(c)The actual cost of reproduction shall be based upon the average unit cost for copying a record, excluding fixed costs of the agency, such as operator salaries and overhead.

9 NYCRR 7802.13 - Severability

Source version current through May 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: May 15, 2022

If any provision of this Part or the application thereof to any person or circumstances 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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