9 CRR-NY 461.5NY-CRR
9 CRR-NY 461.5
9 CRR-NY 461.5
461.5 Information exempted or excluded from inspection, denial of access to records and appeal procedure.
(a) Exempted or excluded information.
The records access officer shall review requested records and deny access to records or delete identifying details that are exempted or excluded from public scrutiny by law.
(b) Denial of access.
The records access officer’s denial of access shall be in writing and shall state the reason for the denial and advise the requester of the right to appeal within 30 days to the identified records appeals officer.
(c) Appeal procedure.
(1) The records appeals officer shall hear and decide appeals from a denial of access. Appeals shall be made within thirty days of the denial of access and shall be addressed to: Records Appeals Officer, OPRHP, Empire State Plaza, Agency Building 1, Albany, NY 12238.
(2) Appeals from a denial of access shall be in writing and shall specify the:
(i) date and location of requests for records;
(ii) records to which the requester was denied access; and
(iii) name and return address of the requester.
(3) The records appeals officer shall issue a decision within 10 business days of receiving the appeal and shall transmit a copy of the appeal and decision to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
(4) A final denial on appeal of access to a requested record under this subdivision shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.
(d) Protection of trade secrets, critical infrastructure information, and records maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise.
(1) Identification of records. Any entity submitting records to the office that may be excepted from disclosure pursuant to the Public Officers Law, shall file with the records access officer a written request that those records not be disclosed. The request shall be filed at the time the records are submitted and shall identify the records or portions of records that the submitter believes should not be disclosed and shall indicate the bureau, region or unit of the office to which the records have been submitted.
(2) Custody of records.
(i) Information submitted as provided in this subdivision shall be kept in the custody of the director of the bureau, region or unit responsible for maintaining the records, and the director may designate other individuals within the office to inspect or copy the records.
(ii) The director shall maintain the records apart from all other records in a locked file cabinet or other secure place.
(iii) The records access officer shall not disclose these records until at least 15 business days after the entitlement to the exception has been finally determined by a court of competent jurisdiction.
(3) Determination of exception. On the initiative of the records access officer, or upon the request of any person for a record excepted from disclosure pursuant to this subdivision, the records access officer shall:
(i) inform the person who requested the exception of the intent to determine whether the exception should be granted or continued;
(ii) permit the person who requested the exception to submit a written statement indicating why the exception should be granted or continued within 10 business days of receipt of notification;
(iii) within seven business days of the receipt of the written statement, or within seven business days of the period prescribed for submission of the statement, issue a written reasoned determination granting, continuing or terminating the exception;
(iv) serve copies of the determination upon the person, if any, requesting the record, the person who asked for the exception, and the Committee on Open Government.
(4) Appeal from determination. A denial of an exception from disclosure may be appealed by the person submitting the information and a denial of access to the record under this subdivision may be appealed by the person requesting the record as follows:
(i) Within seven business days of receipt of written notice denying the request for an exception or the request for access to the record, the person asking for the exception or the person requesting the record may appeal to the records appeals officer.
(ii) The appeal shall be in writing and set forth: the name and address of the person asking for the exception or the person requesting the record; the date of the request for the exception or access; the specific record to which exception or access was denied; the reasons given for the denial; and whether the denial was issued or is considered to be a denial because of failure of the office to respond in a timely manner.
(iii) The appeal shall be determined within ten business days of the receipt of the appeal. Written notice of the determination shall be served upon the person, if any, requesting the record, the person who asked for the exception and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.
(5) A proceeding to review an adverse determination made under paragraph (4) of this subdivision may be commenced pursuant to article 78 of the Civil Practice Law and Rules.
(6) Nothing in this section shall be construed to deny any person access pursuant to the provisions of the Public Officers Law or these regulations to any record or part excepted from disclosure upon the written consent of the person who requested the exception.
9 CRR-NY 461.5
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.