New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 9951
Executive Department
Browse the NYCRR by title, part, and section.
9 sections
Title 9 is open to everyone.
Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.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 9951.1 - Statement of 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 set forth the methods and procedures governing the availability, location and nature of those records of the Elderly Pharmaceutical Insurance Coverage Panel subject to the provisions of article 6-A of the Public Officers Law, known as the Personal Privacy Protection Law, and the rules of the Committee on Open Government.
9 NYCRR 9951.2 - 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
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)Records access officer means the records access officer or his/her authorized representative and shall be the person from whom records may be obtained, as listed in section 9950.4 of this Subtitle.
(d)Records access appeals officer means the Executive Director, of the panel, whose business address is: Empire State Plaza, Corning Tower, Albany, NY 12237.
(e)Records means any item, collection or grouping of personal information about a data subject which is maintained and is retrievable by use of 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)correspondence files; or
(6)information requested by the panel which is necessary to answer unsolicited requests by the data subject for information.
(f)System of records means any group of records under the actual or constructive control of the panel pertaining to one or more data subject from which personal information is retrievable by use of the name or other identifier of a data subject.
(g)Panel means the Elderly Pharmaceutical Insurance Coverage Panel established by article 19-K of the Executive Law.
9 NYCRR 9951.3 - Times, places for inspecting records and means for verifying the identity of a data subject
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 be available for inspection and copying by data subjects/authorized representatives on every day that the offices of the panel are open for the transaction of business between the hours of 8:30 a.m. and 4:45 p.m.
(b)Records may be inspected at locations designated by the appropriate records access officer, whose title and business address is as set forth in section 9950.4 of this Subtitle.
(c)The identity of a data subject who requests access to his/her record may require verification as follows:
(1)Prior to being given access to personal information, an individual may be required to provide reasonable verification of his/her identity. No verification of identity, however, shall be required of an individual seeking access to records which are otherwise available to any member of the public under the Freedom of Information Law.
(2)In the case of an individual who seeks access or amendment in person, verification of identity will normally be made from those documents that an individual is likely to have readily available, such as an employee identification card, driver license, etc.
(3)When access or amendment is requested by mail, verification of identity may be obtained by requiring the individual to provide certain minimum identifying data, such as date of birth and some item of information in the record that only the concerned individual would likely know. If the sensitivity of the information in the record warrants, a signed and notarized statement of identity may be required.
9 NYCRR 9951.4 - Persons from whom records may be obtained
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
All requests to inspect and/or copy records subject to disclosure as provided by this Part are to be made to the records access officer.
9 NYCRR 9951.5 - Fees for copying 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)Fees for certification of copies and supplying transcripts of all documents and records under the seal of the panel shall be the fees as prescribed by the applicable regulations of the panel.
(b)Fees for photocopies or data printouts or records available pursuant to this Part shall be 25 cents per page or $60 for transfer of a computer file to a requestor's computer tape.
(c)Except where fees are established by law, rule or regulation, no fee shall be charged for:
(1)inspection of a record;
(2)record searches;
(3)certification pursuant to this Part; and
(4)amendment or correction of an agency record found to be in error.
(d)Fees shall be paid in full or a valid offer made to pay established fees prior to issuance of copies, transcripts or certification of records.
(e)Payment shall be made in the form of a check, bank draft, or money order payable to the panel, or if personally delivered, may be made in cash for which a receipt shall be given.
(f)Notwithstanding the above subdivisions of this section, when a data subject requests a copy of his/her record(s), the records access officer may, in his discretion, waive all or any part of the fees authorized by this section for any record or class of records after considering the fiscal capability of the data subject to make payment for the fees required by this section.
9 NYCRR 9951.6 - Procedures governing inspection and copying 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
Inspection and copying of records shall be made in the following manner:
(a)Records access requests must be reasonably described and in writing.
(b)The records access officer shall, within five business days after receipt of a request:
(1)make requested records available;
(2)deny the request in writing. Such denial should:
(i)explain the reason for the denial;
(ii)set forth the right of appeal to the records access appeals officer; and
(iii)provide the name, title, business address and telephone number of the records access appeals officer;
(3)furnish written acknowledgment of the request and the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of acknowledgment.
(c)If access is approved, the records access officer shall cause a search for the records requested.
(d)If the record cannot be found after diligent search, the records access officer shall so notify the requestor.
(e)Upon request, the records access officer will certify that the record is a true copy.
(f)The original or file copies will not be released from panel files.
(g)Persons requesting records in the possession of the panel but which records originated in any other State or Federal agency shall be referred to the originating agency when there is a question concerning confidentiality requirements.
(h)Persons inspecting a record shall be allowed to copy it by any means which will not damage the record.
(i)The locations where records are available for inspection or copying pursuant to this Part shall be posted in conspicuous places.
9 NYCRR 9951.7 - Appeals of denial of 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)Any person who has been denied access to records by the records access officer may appeal such denial in writing within 30 business days to the records access appeals officer.
(b)The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:
(1)the date and location of request for records;
(2)the records to which the requestor was denied access; and
(3)the name and return address of the requestor.
(c)The records access appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.
(d)If the records access appeals officer determines that the denial of access was erroneous, he/she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.
(e)If the records access appeals officer affirms or modifies the denial, he/she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal.
(f)The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.
9 NYCRR 9951.8 - Procedures governing the correction or amendment 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
The correction or amendment of records shall be made in the following manner:
(a)Records to be corrected or amended shall be reasonably described and must be made in writing.
(b)The records access officer shall, within 30 business days after receipt of a request:
(1)make requested correction or amendment in whole or part and advise the individual that, upon request, parties to which such data has been disclosed will be advised if such data was disclosed in accordance with section 94(3)(c) of the Public Officers Law;
(2)deny the request in writing. Such denial should:
(i)explain the reason for the denial;
(ii)set forth the right of appeal to the records access appeals officer; and
(iii)provide the name, title, business address and telephone number of the records access appeals officer.
9 NYCRR 9951.9 - Appeals of denial of correction or amendment 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
(a)Any person who has been denied correction or amendment of records by the records access officer may appeal such denial in writing within 30 business days to the records access appeals officer.
(b)The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:
(1)the date and location of request for records;
(2)the records to which the requestor was denied correction or amendment to and the requestor's justification for correction; and
(3)the name and return address of the requestor.
(c)The records access appeals officer shall, within 30 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.
(d)If the records access appeals officer determines that the denial was erroneous, he/she shall instruct the records access officer to allow correction or amendment of the record as requested and notify appropriate parties, if requested, by the requestor.
(e)If the records access appeals officer affirms or modifies the denial, he/she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal. In addition, the records access appeals officer will notify the requestor of his/her right to file with the agency a statement of reasons for disagreement with the agency's determination. This agency will note any portions of the record which are disputed and attach requestor's statement as part of the record. Upon an individual's request, such statement will be provided to parties to which such data have been disclosed in accordance with section 94(3)(c) of the Public Officers Law together, if appropriate, with a concise statement of the agency's reasons for not making the requested amendment.
(f)The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.