New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 8501
Executive Department
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9 NYCRR 8501.1 - Definitions
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)Records shall mean those records, documents or other data which are in the custody of the office.
(b)Payroll record shall mean an itemized record setting forth the name, business address, title and salary of every officer and employee of the office.
(c)Records access officer shall mean the Director of Program Planning and Administration.
9 NYCRR 8501.2 - Purpose
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
The purpose of this Part is to establish the methods and procedures governing the availability of records of the office, subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.
9 NYCRR 8501.3 - Records access officer
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 records access officer shall be the Director of Program Planning and Administration and shall be the custodian of the records of the office. Any person wishing to inspect and/or obtain a copy of such records may make application to the records access officer. Such application shall be in writing on a form to be prescribed by the records access officer.
(b)The records access officer shall maintain a reasonably detailed current list, by subject matter, of all records in the office's possession, whether or not records are available pursuant to subdivision 2 of section 87 of the Public Officers Law. The subject matter of the list shall be sufficiently detailed to permit identification of the category of the record sought.
(c)The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The records access officer shall ensure 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:
(i)make records available for inspection; and
(ii)access to the records in whole or in part and explain in writing the reason 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 8501.9 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 office is not the custodian for such records; or
(ii)the records of which the office is a custodian cannot be found after a diligent search.
9 NYCRR 8501.4 - Fiscal officer
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 fiscal officer shall certify the payroll and respond to requests for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
(b)The fiscal officer shall be the custodian of the payroll record of the office. Any bona fide member of the news media wishing to inspect and/or obtain a copy of such payroll record may make application to the fiscal officer in writing on forms prescribed by the Comptroller. Application to inspect and/or obtain a copy of such payroll record shall be made to the fiscal officer by the member personally on any business day during regular business hours at the office of the fiscal officer. Upon receipt of such an application, in the proper form and at the appropriate time, and upon production by such member of appropriate identification, the fiscal officer shall search for and produce for inspection the payroll record. If the member requests a copy of such payroll record, the fiscal officer shall provide him with one. The payroll record shall be available to persons other than bona fide members of the news media to the extent required by law.
9 NYCRR 8501.5 - Location of records
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
Records shall be available for public inspection and copying at the offices of the New York State Office of Business Permits, Alfred E. Smith Office Building, 17th Floor, Albany, NY 12225.
9 NYCRR 8501.6 - Hours of public inspection
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)Requests for public access to records shall be accepted and records produced during all hours regularly open for business.
(b)These hours are 9 a.m. to 5:30 p.m., Monday through Friday.
9 NYCRR 8501.7 - Requests for public access to records
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)A request for records shall be in writing; however, the requirements of a written request may be waived by the records access officer for the convenience of the office upon a showing of hardship by the person seeking access.
(b)A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of the request.
(c)A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designation or other information that may help to describe the records sought.
(d)If the records access officer does not provide, or denies access to, the record sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment or receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.
9 NYCRR 8501.8 - Denial of access to records and appeals
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)Denial of access to records shall be in writing stating the reasons therefor and advising the requester of the right to appeal to the appeals officer who shall be the Deputy Director, Office of Business Permits, 17th Floor, Alfred E. Smith Office Building, Albany, N.Y. 12225. The appeals officer shall decide all appeals from denial of access to records in accordance with the provisions of the Freedom of Information Law.
(b)All appeals shall be in writing, addressed to the appeals officer, and mailed or submitted to him within 30 business days after the receipt or denial of access to the requested records, or within 40 business days after the request is made if no response to the request has been received. Each such appeal shall contain at least the following information:
(1)the date or dates on which each such record was requested and the manner in which each was made;
(2)the record or records to which access was denied;
(3)whether the denial of access was:
(i)in writing, and if so, the date thereof; or
(ii)by failure to provide records, or to acknowledge receipt of a request therefor within the time specified in section 8501.7 of this Part; and
(4)the date of the appeal and the name and address of the person making the appeal.
(c)Each appeal made in the manner and within the time specified in subdivision (b) of this section shall be decided by the appeals officer, who shall issue, to the person making the appeal and the Committee on Public Access to Records, a written decision within seven business days of receipt of the appeal.
9 NYCRR 8501.9 - Fees
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)There shall be no fee charged for inspection of records, search for records, or any certification pursuant to this Part.
(b)The fee for photocopies of records shall be 25 cents per page, except that the records access officer may waive the fee for the convenience of the office or upon a showing of hardship by the requester.