10 CRR-NY 50-2.7NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER C. ACCESS TO RECORDS
PART 50. ACCESS TO RECORDS
SUBPART 50-2. ACCESS TO OR CORRECTION/AMENDMENT OF RECORDS OF THE DEPARTMENT OF HEALTH SUBJECT TO THE PERSONAL PRIVACY PROTECTION LAW
10 CRR-NY 50-2.7
10 CRR-NY 50-2.7
50-2.7 Appeals of denial of access to records.
(a) Any person who has been denied access to records by the records access officer may appeal such denial in writing within 30 business days to the records access appeals officer.
(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:
(1) the date and location of request for records;
(2) the records to which the requestor was denied access; and
(3) the name and return address of the requestor.
(c) The records access appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.
(d) If the records access appeals officer determines that the denial of access was erroneous, he/she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.
(e) If the records access appeals officer affirms or modifies the denial, communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal.
(f) The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.
10 CRR-NY 50-2.7
Current through May 31, 2021
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