9 NYCRR 6050.3

A person, or a person's attorney who has been duly authorized in writing, whose challenge has been found to be unsubstantiated by the Director of the Office of Criminal Justice Records (director), or his or her designee, pursuant to section 6050.2(b) of this Part, may file a written notice of appeal of such determination with the commissioner, or his or her designee, within a reasonable time after receipt of such determination. Upon receipt of such notice, the director, or his or her designee, shall promptly transmit to the commissioner, or his or her designee, copies of all records concerning the person along with all the papers and documents filed by the person, or the person's attorney, who has been duly authorized in writing, in support of his or her challenge. The appeal shall be determined upon the records, papers and documents submitted, except that the commissioner, or his or her designee, may request that the director, or his or her designee, or the person furnish such other data as he or she deems necessary for the determination of the appeal. A written notice of appeal to the commissioner, or his or her designee, shall be acted upon within a reasonable time after receipt of the written notice of appeal. The commissioner, or his or her designee, shall notify both the person and the director, or his or her designee, of the decision in writing and, in the event that such decision reverses or modifies that of the director, or his or her designee, the criminal history record information shall be corrected accordingly.