9 CRR-NY 7801.7NY-CRR
9 CRR-NY 7801.7
9 CRR-NY 7801.7
7801.7 Response to requests for access to records.
(a) Within five business days after the receipt of a request pursuant to this Part, the State Energy Office shall respond to the request by:
(1) permitting inspection of the records sought; or providing copies of the records sought, upon payment of fees calculated according to section 7801.10 of this Part, or upon an offer to pay such fees;
(2) denying access, in whole or in part, to the records sought, with an explanation in writing of the reasons therefor, and indicating that the denial may be appealed under section 7801.8 of this Part;
(3) asking for clarification of the request;
(4) furnishing a statement of the date when the request will be granted or denied which shall include, where appropriate, a statement that access to the record will be determined in accordance with the procedure prescribed in section 7801.9 of this Part and in the Public Officers Law, section 89(5), regarding trade secrets; or
(5) certifying that the State Energy Office is not the custodian of the records sought, or that the records cannot be found after diligent search.
(b) The State Energy Office shall grant access to records to the greatest extent consistent with the public interest. However, the State Energy Office may deny access to records or a portion thereof that:
(1) are specifically exempted from disclosure by State or Federal statute;
(2) if disclosed would constitute an unwarranted invasion of personal privacy under the provisions of subdivision two of section 89 of the Public Officers Law;
(3) if disclosed would impair present or imminent contract awards or collective bargaining negotiations;
(4) are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise;
(5) are compiled for law enforcement purposes and which, if disclosed, would:
(i) interfere with law enforcement investigations or judicial proceedings;
(ii) deprive a person of a right to a fair trial or impartial adjudication;
(iii) identify a confidential source or disclose confidential information relating to a criminal investigation; or
(iv) reveal criminal investigative techniques or procedures, except routine techniques and procedures;
(6) if disclosed would endanger the life or safety of any person;
(7) are inter-agency or intra-agency materials which are not:
(i) statistical or factual tabulations of data;
(ii) instructions to staff that affect the public; or
(iii) final agency policy or determinations; or
(8) are examination questions or answers which are requested prior to the final administration of such questions.
(c) If the State Energy Office fails to respond to a request within five business days of receipt of a request, or if the State Energy Office fails to grant or deny access within 10 business days after the date of acknowledgment of receipt of a request, such failure may be construed as a denial of access which may be appealed under section 7801.8 of this Part.
(d) No records may be removed by the requesting party from the immediate office where the records are located without the permission of the supervising officer responsible for the original preparation or custody of the records.
(e) On request, the records access officer shall certify that a copy of a record provided is a true copy.
9 CRR-NY 7801.7
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.