Denial of access to records
Source version current through May 15, 2022
Later State Register activity may affect this section.
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- NYCRR title agency
- Executive Department
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- Source version current through
- May 15, 2022
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- Apr 27, 2026
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- May 15, 2022
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- Apr 27, 2026
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Statutory authority: Executive Law, § 709; Public Officers Law, § 87(1)(b)
(a)Denial of access to records, other than requests seeking records pursuant to article 6, section 89(5) of the Public Officers Law, may be appealed by the aggrieved party to the chief counsel for the Office of Homeland Security, who is designated by the director to hear and determine appeals on denial of access to records. An appeal shall be made no late than 30 days from the date the requesting party is advised of the denial by the records access officer; this 30-day time limitation shall be computed from the postmarked date of the written notification of denial sent to the requesting party.
(b)Appeals based on denial of access to records shall be made in writing by the aggrieved party making the request. These appeals shall be addressed to the Office of Homeland Security and directed to the attention of the Chief Counsel, Public Access to Records Appeal and shall contain the following information:
(1)the date and location of the request for records;
(2)the identification of records to which the requesting party was denied access;
(3)the name and return address of the requesting party; and
(4)the reason(s) for the denial.
(c)The chief counsel shall notify the requesting party of his/her decision, in writing, within 10 business days from receipt of the appeal. If the chief counsel decides to permit inspection of the requested record or any portion thereof, chief counsel shall make said record or any portion thereof available in accordance with section 10025.8 of this Part. If the chief counsel decides to continue the denial of access to the record, then said notice, shall fully explain the reasons for the further denial and shall advise the requesting party of the right to judicial review of the decision under article 78 of the Civil Practice Law and Rules (CPLR).
(d)A failure of chief counsel to render a written statement for the continued denial of an appeal within the 10 business days as provided for in these rules may be considered by the requesting party as a continued denial by the chief counsel, for the purpose of permitting the aggrieved party to proceed immediately with a court review as provided for in article 78 of the Civil Practice Law and Rules (CPLR).
(e)Upon receipt of any appeal the chief counsel shall forward a copy of the appeal to the Committee on Open Government. Upon the rendering of a decision on the appeal the chief counsel shall forward a copy of the decision to the Committee on Open Government.