9 NYCRR Part 8450 - Executive Department

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9 NYCRR 8450.1 - Purpose and scope

Source version current through May 15, 2022

Later State Register activity may affect this section.

Dates and status

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

(a)The people's right to know the process of government decision-making 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)These regulations provide information concerning the procedures by which records may be obtained.

(c)Personnel shall furnish to the public the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment.

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

9 NYCRR 8450.2 - Designation of records access officers

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 State Director of Veterans' Affairs is responsible for insuring compliance with the regulations in this Part, and designates the following persons as records access officers:

Executive Deputy Director

Division of Veterans' Affairs

Agency Building 2

Empire State Plaza

Albany, N.Y. 12223

Chief Account Clerk

Division of Veterans' Affairs

Agency Building 2

Empire State Plaza

Albany, N.Y. 12223

(b)Records access officers are responsible for insuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.

(c)Records access officers shall assure that personnel:

(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 in accordance with section 8450.8(b) of this Part:

(i)make records promptly 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 established fees, if any, in accordance with section 8450.10 of this Part; or

(ii)permit the requester to copy those records;

(5)upon request, certify that a transcript is a true copy of records copied; and

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

(i)the New York State Division of Veterans' Affairs is not the legal custodian for such records; or

(ii)the records of which the New York State Division of Veterans' Affairs is a legal custodian, after diligent search, cannot be found.

9 NYCRR 8450.3 - Designation of fiscal 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)Chief Account Clerk, Division of Veterans' Affairs, Empire State Plaza, Albany, N.Y., is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with section 8450.6(b) of this Part, for an itemized record setting forth the name and address, title and salary of every officer or employee of the agency.

(b)The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media as required under paragraphs (1)(g) and (1)(i), and subdivision (10), of section 88 of the Freedom of Information Law.

9 NYCRR 8450.4 - Records available for public inspection

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)War bonus payment records (except individual bonus applications).

(b)Research, publicity and statistical reports prepared by division staff.

(c)Final opinions made in the adjudication of blind annuity applications made for a World War II bonus.

(d)Statements of policy and interpretation adopted by the division, including any documents, memoranda, data or other material constituting statistical or factual tabulations which led to the formulation thereof.

(e)Minutes of meetings.

(f)Internal or external audits and statistical or factual tabulations.

(g)Administrative staff manuals and instructions to staff that affect members of the public.

(h)Any other files, records, papers or documents required by any other provision of law to be made available for public inspection and copying.

9 NYCRR 8450.5 - Records not available for public inspection

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 records enumerated in this section shall not be available for public inspection unless the person on whose behalf these records are kept, or his duly authorized representative, signs a notarized release permitting such disclosure.

(a)Division personnel files.

(b)Blind annuity case folders.

(c)Individual case folders.

(d)War bonus applications.

9 NYCRR 8450.6 - Location

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

Records shall be available for public inspection and copying at:

Division of Veterans' Affairs

13th Floor, Agency Building 2

Empire State Plaza

Albany, NY 12223

9 NYCRR 8450.7 - Hours for public inspection

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

Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are: 8:30 a.m. to 4:30 p.m.

9 NYCRR 8450.8 - Requests for public access to 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)Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request.

(b)

(1)Except under extraordinary circumstances, officials shall respond to a request for records not more than five business days after receipt of the request, whether the request is oral or in writing.

(2)If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made.

(3)If access to records is neither granted nor denied within 10 days after the date of acknowledgment of receipt of a request, action or inaction may be construed as a denial of access that may be appealed.

(c)A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.

(d)

(1)A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974 shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the records sought. The agency shall maintain a list, whether it is or is not available for such information under article 6 of the Public Officers Law.

(2)The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.

Note:

To assist requesters, a copy of the subject matter list may be filed with regulations governing access to records.

(e)No records may be removed by the requester from the office where the record is located without the permission of the executive deputy director or chief account clerk.

9 NYCRR 8450.9 - Denial of access to 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)Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b)If the requested records are not provided promptly, as required in section 8450.6(b) of this Part, such failure shall also be deemed a denial of access.

(c)The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:

The State Director of Veterans' Affairs

2 World Trade Center

New York, NY 10047

Telephone: 488-3787

(d)The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:

(1)the date of the appeal;

(2)the date and location of the request for records;

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

(4)whether the denial of access was in writing or was by failure to provide records promptly as required by section 8450.6(b) of this Part; and

(5)the name and return address of the requester.

(e)The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal.

(f)A final denial of access to a requested record, as provided for in subdivision (e) of this section, shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.

9 NYCRR 8450.10 - 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)There shall be no fee charged for:

(1)inspection of records;

(2)search of records; or

(3)any certification pursuant to this Part.

(b)The fee for photocopies not exceeding 8 ½ × 14 inches is 25 cents per page.

9 NYCRR 8450.11 - Public notice

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt

A notice containing: the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons or body; and the location where records can be seen or copied-shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.

9 NYCRR 8450.12 - 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 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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