9 NYCRR 5400.1

In accordance with article 6 of the Public Officers Law, the Freedom of Information Law, the following procedures are prescribed for making available to the public for inspection and copying all of the records and materials mandated by such law for such purposes. (a) Application shall be made on printed forms prescribed by the commission and submitted either personally or by mail to the New York State Gaming Commission, 354 Broadway, Schenectady, NY 12305, Attention: Records Access Officer. (b) The person to who such request shall be made and from whom such records or copies thereof may be obtained and certified shall be the individual designated by the executive director, who shall be deemed the "records access officer" of the commission. In cases where the fiscal officer is required to furnish certain records, requests shall nevertheless be made through the records access officer, who will inform the fiscal officer to make the necessary arrangements. The duties of the records access officer shall be: (1) assist the applicant in identifying the record or records sought; (2) determine whether the record is available for inspection; (3) search for the identified record and, upon locating the record, take one of the following actions: (i) review such record and delete any information that would constitute an unwarranted invasion of personal privacy and thereafter make the record promptly available for inspection or schedule an appointment for inspection; or (ii) deny access to the record; (4) upon request, for copies of records, make copies available upon payment of the established fees; (5) certify, upon request, to the correctness of the copies of the records; (6) if the record cannot be located, take one of the following actions: (i) certify in writing that the corporation is not the legal custodian for such records; or (ii) certify in writing that the record of which the corporation is a legal custodian cannot be found; (7) if access is denied, advise the applicant of the right to appeal to the authorized representative of the commission; and (8) compile and update, not less than semiannually, a reasonably detailed list, by subject matter, of any records required by the Freedom of Information Law to be made available for public inspection and copying. (c) Applications will be entertained during the hours of 10 a.m. to 4 p.m. on each business day. (d) The records access officer shall respond to the applicant, within five days of a request for inspection or copying of records, by: (1) appointing a time for inspection or copying the requested records; (2) providing a written statement of denial, which shall include notice of the right to appeal to the records access appeals officer, together with the name, title, business address and telephone number of the records access appeals officer; or (3) informing the applicant that the applicant's request for inspection or copying of records has been reported to the person, association, corporation or other legal entity that filed the records requested with the commission, so that such person, association, corporation or legal entity may have an opportunity to protest the inspection or copying of such records as not being available pursuant to the exception provisions of the Public Officers Law. (e) If more than five days are required to produce records, an explanation shall be sent within five days of the request to the applicant, indicating the reason for and extent of the delay anticipated. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of request, the request may be construed as a denial of access that may be appealed. (f) Inspection shall take place in a room designated by the commission, and in the presence of such commission representatives as may be designated. (g) If feasible to the operations of the business of the commission, then the commission may furnish copies of such materials at a price of 25 cents per page, up to size 81/2 inches by 14 inches per page. If not feasible, then the commission may arrange by private contract for such copying to be performed, the cost to be borne by the applicant. (h) All charges for copying must be paid in advance to the commission. (i) The records access appeals officer is the counsel or a designee of the counsel.