Denial of access to records
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
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(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 individual or body established to determine appeals, (who or which) shall be identified by name, title, business address and business phone number.
(b)If requested records are not provided promptly, as required in section 6650.5 of this Part, such failure shall also be deemed a denial of access.
(c)The following person or persons or body shall determine appeals regarding denial of access to records under the Freedom of Information Law:
Agency General Counsel
State Office for the Aging
Two Empire State Plaza
Albany, NY 12223-1251
Phone: (518) 474-4425
e-mail: http://www.aging.state.ny.us
(d)Any person denied access to records may appeal within 30 days of a denial.
(e)The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of a written appeal identifying:
(1)the date and location of requests for records;
(2)a description, to the extent possible, of the records that were denied; and
(3)the name and return address of the person denied access.
(f)A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.
(g)The person or body designated to determine appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231
(h)The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (f) of this section.