9 CRR-NY 330-1.5NY-CRR
9 CRR-NY 330-1.5
9 CRR-NY 330-1.5
330-1.5 Requests for public access to records.
(a) Where a request for records is required, such request shall be in writing.
(b)
(1) Within five business days of the receipt of a written request for a record reasonably described, the records access officer shall make such record available, deny the request in writing, or furnish a written acknowledgment of the receipt of such request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request shall be granted or denied, including, where appropriate, a statement that access to the records will be determined in accordance with section 330-1.7 of this Subpart. If the Office of General Services determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgment of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. Failure of the Office of General Services to conform to the provisions of this subdivision shall constitute a denial of access to records subject to appeal pursuant to section 330-1.8(b) of this Subpart.
(2) Following the issuance of such acknowledgment, the records access officer shall grant or deny such request expeditiously in view of the factual and legal issues relating to the request, the need for consultation relating to the protection of personal privacy, the volume of the records sought, the search techniques needed to locate the records and the time needed to review them.
(c) A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.
(d)
(1) A current list, by subject matter, of all records maintained by the agency shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the record sought.
(2) The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.
(e) No records may be removed by the requester from the office where the record is located.
(f) Records which have copyright protection may unless otherwise exempt from disclosure, be examined and viewed but may not be reproduced by or on behalf of the requesting party.
9 CRR-NY 330-1.5
Current through September 15, 2021
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