New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 95
Executive Department
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10 sections
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All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 95.1 - Purpose and scope
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
(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)This Part provides 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 95.2 - Designation of records access officer
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
(a)The Chairman of the State Liquor Authority is responsible for insuring compliance with the regulations in this Part and designates the following persons as records access officers:
(1)Secretary to the Authority.
(2)Deputy commissioner in charge of compliance bureau.
(3)Deputy commissioner in charge of Zone II office.
(4)Deputy commissioner in charge of Zone III office.
(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. 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 95.6(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 95.8 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.
(6)Upon failure to locate records, certify that:
(i)The State Liquor Authority is not the legal custodian for such records, or
(ii)The records of which the State Liquor Authority is the legal custodian, after diligent search, cannot be found.
9 NYCRR 95.3 - Designation of fiscal officer
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
(a)The director of manpower management is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with section 95.6(b) of this Part, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
(b)Either the chief executive officer or 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 section 88(1)(g), (1)(i), and (10) of the Freedom of Information Law.
9 NYCRR 95.4 - Location
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
Records shall be available for public inspection and copying at:
(a)2 World Trade Center, New York City;
(b)30 Russell Road, Albany;
(c)125 Main Street, Buffalo;
or at the location where they are kept.
9 NYCRR 95.5 - Hours for public inspection
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
Requests for public access to records shall be accepted and records produced between 10 a.m. and 4 p.m. on all days when the Authority is regularly open for business.
9 NYCRR 95.6 - Requests for public access to records
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
(a)A request for records shall be 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 no 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.
(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.
(d)
(1)A current list of all records, by subject matter, 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.
(2)The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page.
(e)No records may be removed by the requester from the office where the record is located without the permission of a records access officer or the chief executive officer.
9 NYCRR 95.7 - Denial of access to records
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
(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 individuals authorized to hear appeals.
(b)If requested records are not provided promptly, as required in section 95.6(b) of this Part, such failure shall also be deemed a denial of access.
(c)Any one of the following persons shall hear appeals for denial of access to records under the Freedom of Information Law:
(1)Chief Executive Officer
2 World Trade Center, New York City.
(2)Counsel to the Authority
2 World Trade Center, New York City.
(3)Deputy Commissioner in charge of Licensing—Statewide
2 World Trade Center, New York City.
(d)The time for deciding an appeal by the individuals 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 requests 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 95.6(b) of this Part.
(5)The name and return address of the requester.
(e)The individual designated to hear appeals shall inform the requester of his 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 95.8 - Fees
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
(a)There shall be no fee charged for
(1)Inspection of records.
(2)Search for records, except that a reasonable fee may be charged in the discretion of the chief executive officer or the secretary to the Authority where such search will entail an inordinate length of time.
(3)Any certification pursuant to this Part.
(b)
(1)Except as otherwise provided by the rules of the Authority, copies of records shall be provided at a fee of 25 cents per page not exceeding 8 ½inches by 14 inches in size.
(2)The fees for other types of copies or transcripts and for certification shall be such reasonable amounts as the chief Executive officer or the secretary to the Authority shall establish. Notwithstanding the above, the aforesaid chief executive officer or the Secretary to the Authority may, in his discretion, waive all or any portion of the fees authorized by this section for any records or class of records.
9 NYCRR 95.9 - Public notice
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
A notice containing the job title and business address of the records access officers and fiscal officer; the 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.
9 NYCRR 95.10 - Severability
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
- Related Register notice
- LQR-02-16-00002-P · Proposed rule
- Related notice published
- Jan 13, 2016
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.