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New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 8008

Executive Department

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Source version current through May 15, 2022

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 8008.1 - Purpose

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

This Part, in conjunction with section 8000.5 of this Subtitle, shall govern the privacy of case records in addition to delineating the procedures governing the availability, location and nature of those records of the division releasable to the public pursuant to Article 6 of the Public Officers Law.

9 NYCRR 8008.2 - Definitions

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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 following definitions, in addition to those contained in Part 8000 of this Subtitle, shall be applicable to both this Part and Part 8000.

(a)The term

case record means any memorandum, document or other writing pertaining to a present or former inmate, parolee, conditional releasee or other releasee, and maintained pursuant to sections 259-a (1)-(3) and 259-c (3) of the Executive Law.

(b)The term

record or records means any memorandum, document, tabulation or other writing, other than a case or employee record, maintained by the division.

(c)The term

employee record means any document, report or other writing pertaining to a board member or division officer or employee and constituting part of such person's employment history folder.

(d)The term

statistical tabulation means a collection or orderly presentation of numerical data logically arranged in columns and rows, or graphically.

(e)The term

factual tabulation means a collection of statements of objective information, logically arranged, which is empirically derived and reflects objective reality, actual existence or an actual occurrence.

(f)The term

workday means any day except Saturday, Sunday, a public holiday or, with respect to a particular office of the division, a day on which that office is otherwise closed for general business.

(g)The term

records access officer means the public information officer of the division, or such other officer or employee designated by the chairman to receive and respond to inquiries for access to division records.

(h)The term

subject matter list means a current list of all records maintained by the division on or after January 1, 1978, except case and employee records, regardless of whether the documents denoted on such list are available to the public.

(i)The term

counsel means the counsel to the division and any designated member of the counsel's staff.

9 NYCRR 8008.3 - Records access officer

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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 records access officer of the division is the Public Information Officer, Division of Parole, 1450 Western Avenue, Albany, N.Y. 12203. The records access officer shall receive requests at the above location during any workday between the hours of 9 a.m. and 4 p.m. All requests for records shall be made in writing and shall describe, in reasonable detail, the records sought. The records access officer:
(1)shall maintain a current master subject list, sufficiently detailed to permit identification of the category of the record sought;
(2)shall, if necessary, assist the person requesting records in identifying the records requested. If the request is for payroll information, the records access officer shall refer the request to the person charged with certifying the division's payroll;
(3)shall search for the records requested, and if he is unable to locate them, he shall:
(i)certify that the division is not the custodian of the record requested; or
(ii)certify that, although the division is the custodian of the record requested, the record cannot be found after a diligent search;
(4)shall determine, after locating the records, that:
(i)the record is available for public inspection and make it available for inspection and/or copying;
(ii)the record is not available for public inspection, for reasons to be provided in writing, and deny access accordingly;
(5)may waive, at his discretion, any formality prescribed by this Part.
(b)The designation of records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.

9 NYCRR 8008.4 - Subject matter list

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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)Every central office director and unit supervisor; every senior parole officer, or parole officer in charge, of an institution; and every director and area supervisor of a parole area office shall be a custodian of records pursuant to this Part. Every custodian of records shall maintain an up-to-date subject matter list, reasonably detailed, of all records emanating from the custodian or the office represented by the custodian.
(b)The records access officer shall maintain a master list of all records maintained by the division. The master list shall be comprised of the subject matter lists kept by all custodians of records.
(c)Each subject matter list and the master list shall be sufficiently detailed to permit identification of the record.
(d)Every subject matter list maintained by each custodian, and the master list maintained by the records access officer, shall be updated not less than twice each year. The most recent update shall appear on the first page of the subject matter list.
(e)The records access officer shall make the master subject matter list available for inspection and copying. Any person desiring a copy of any subject matter list may request such in writing. Upon payment of the appropriate fee, a copy of the appropriate subject matter list shall be mailed or delivered.

9 NYCRR 8008.5 - Procedures for requesting and obtaining records

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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)Manner of making requests.
(1)A request for access for division records, except case records which are governed by section 8000.5 of this Subtitle, shall be made in writing to the records access officer.
(2)A request for access to records should reasonably describe the record sought.
(b)Manner of responding to request.
(1)Within five workdays after receipt of a written request for a division record, the records access officer shall determine the status of such record and shall respond in writing by either:
(i)approving the request;
(ii)denying the request;
(iii)acknowledging receipt of the request and stating therein the reasons for the delay and the estimated date by which the request will be approved or denied.
(2)Where the records access officer determines that the record is both within the division's custody and releasable, he shall:
(i)produce the record for inspection at his office and, if so requested and upon payment of the appropriate fee, shall make and certify a copy of the record; and
(ii)advise the applicant that the record is in the division's custody and make arrangements for inspection or copying at a later time.
(3)Records shall be inspected in the presence of the records access officer or his designee, and may not be removed from the place of inspection without his permission.

9 NYCRR 8008.6 - Fees

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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)For records which can be photocopied, there shall be a charge of 25 cents per page for photocopies, not exceeding 8½ by 14 inches in size.
(b)There shall be no fee charged for:
(1)inspection of records;
(2)search for records;
(3)any certification pursuant to this Part.

9 NYCRR 8008.7 - Denial of access to records

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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 access to records shall be in writing and shall:
(1)state the reasons for denial;
(2)advise the requestor of his right to appeal the denial to the counsel of the division; and
(3)advise the requestor that he must apply for an appeal within 30 days of the receipt of the denial of access.
(b)If the records access officer fails to respond to a request for information within five workdays of the receipt of the request, the failure to respond shall be deemed a denial of access.
(c)If a request is not acted upon within 10 workdays after the date of acknowledgement of the receipt of a request, the failure to act may be construed as a denial of access.

9 NYCRR 8008.8 - Appeals

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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 whose request for records has been denied may appeal the denial to the Counsel, New York State Division of Parole, 1450 Western Avenue, Albany, NY 12203.
(b)All requests for appeals shall be in writing and must be mailed or submitted within 30 days of the receipt of the denial.
(c)A request for an appeal shall include:
(1)the date and location of a request for records;
(2)identification of the records, access to which was denied; and
(3)the name and return address of appellant.
(d)The appeal shall be decided within seven workdays of the receipt of a request complying with subdivision (c) of this section.

9 NYCRR 8008.9 - Committee on Public Access to Records

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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 division shall transmit copies of all requests for appeals, on receipt of the request, to the Committee on Public Access to Records, Department of State, 41 State Street, Albany, NY 12231.
(b)The division shall transmit decisions of appeals to the Committee on Public Access to Records within seven workdays of the receipt of a request for an appeal.

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