9 CRR-NY 525.15NY-CRR
9 CRR-NY 525.15
9 CRR-NY 525.15
525.15 Claimant records.
(a) Claimant records are:
(1) not subject to the provisions of the Public Officers Law: article 6; paragraphs (c) and (d) of subdivision 1 or subdivisions 2, 3 and 6 of section 94 and section 95; and
(2) confidential, subject to the provisions of section 633 of the Executive Law and section 96 of the Public Officers Law. Pursuant to section 633 of the Executive Law, the following exceptions exist to such confidentiality:
(i) requests for information based upon legitimate criminal justice purposes;
(ii) judicial subpoenas;
(iii) requests for information by the victim or claimant or his or her authorized representative pursuant to section 525.3(c) of this Part;
(iv) requests for the release of records as authorized by a claimant pursuant to subdivision (e) of this section;
(v) for purposes necessary and proper for the administration of article 22 of the Executive Law, including but not limited to, providing information to a victim assistance program pursuant to section 525.22(a) of this Part.
(b) A claimant shall notify the office of any change of contact information in person, by mail, or electronically via facsimile, electronic mail or any other manner the office may make available for the change of contact information pursuant to subdivision one of section 305 of the New York State Technology Law.
(1) If mailed, such notification shall be directed to:
Office of Victim Services
Alfred E. Smith State Office Building
80 South Swan Street, 2nd Floor
Albany, NY 12210-8002
(2) Change of contact information may be sent via facsimile, to a number the office may make available.
(c) A claimant may request a copy of part or all of their record by letter, indicating the claim number and containing an original signature of the claimant. Such request shall be directed to: Legal Unit, Office of Victim Services, Alfred E. Smith State Office Building, 80 South Swan Street, 2nd Floor, Albany, NY 12210-8002.
(d) Should a claimant authorize a representative pursuant to section 525.3(c) of this Part, such representative may request a copy of part or all of the claimant’s record by letter, indicating the claim number and containing an original signature of the representative and directed to the unit and address contained in subdivision (c) of this section.
(e) A claimant may authorize another party, who is not an authorized representative pursuant to section 525.3(c) of this Part, to receive information related to their claim. Such authorized party may request a copy of part or all of the claimant’s record by letter, indicating the claim number and containing an original signature of the authorized party and directed to the unit and address contained in subdivision (c) of this section. This authorization shall be valid unless and until revoked by the claimant in writing. A claimant who wishes to designate another party to receive information related to their claim shall provide to the office a notarized authorization compliant with Public Officers Law, section 96 before any confidential records of, or information about a claimant can be disclosed by the office. The form shall be as follows:
Authorization by Claimant for Release of Records
Pursuant to New York State Executive Law, § 633 and Public Officers Law § 96, I:
_______________ Name of Claimant (Please print)
_______________ Claim Number
hereby authorize:
_______________ Name of Individual
_______________
_______________
_______________ Address of Individual
_______________ Phone Number of Individual
to have a complete copy of the records maintained with respect to me and the above mentioned claim for their information. This authorization is to allow the Office of Victim Services to share the records compiled for this claim with the above authorized individual. This authorization shall be valid until revoked by me in writing.
_______________ Signature of Claimant
_______________ Date
| State of New York | )) ss.: |
| County of | |
| __________ | ) |
On the __ day of __ in the year __ before me, the undersigned, personally appeared _____, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
_______________ NOTARY PUBLIC
(f) The office may deny access to portions of a claimant record:
(1) subject to the provisions of subdivision 2 of section 87 of the Public Officers Law; and
(2) to protect any personally identifying information from disclosure.
(g) Fees.
Fees for copies of claimant records may be charged, provided that:
(1) the fee for copying records shall not exceed 25 cents per page for photocopies not exceeding 9 by 14 inches;
(2) the fee for photocopies of records in excess of 9 by 14 inches shall not exceed the actual cost of reproduction;
(3) the fee for copying records onto a storage device or media provided to the person making the request shall not exceed the actual cost of such storage device or media;
(4) the fee for delivery to the person making the request shall not exceed the actual cost of delivery;
(5) the office shall inform the person requesting a copy of the record of the estimated cost;
(6) the office may require that the fee for copying or reproducing a record and delivery be paid in advance of the preparation of such copy; and
(7) the office may waive a fee in whole or in part when making copies of records available to a claimant or a claimant’s attorney.
9 CRR-NY 525.15
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, 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 Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.