21 CRR-NY 4700.2NY-CRR
21 CRR-NY 4700.2
21 CRR-NY 4700.2
4700.2 Records access officer.
(a) The executive director of the authority shall appoint a records access officer who shall have the duty of coordinating the authority's response to public requests for access to records; provided, however, that the public shall not be denied access to records through officers and employees of the authority who have in the past been authorized to make records or information available to the public.
(b) Any person wishing to inspect and/or obtain a copy of any record of the authority, other than a payroll record, may make application to said records access officer. Such application shall be made either orally or in writing; provided, however, that the records access officer may require any such person to confirm his request in writing; except that no such written request shall be required for records that have been customarily available from the authority without a written request therefor.
(c) The written application form shall be prescribed by the records access officer. Blank forms may be obtained from the records access officer either personally at the main office of the authority during the normal business day from 8:30 a.m. to noon and from 1 p.m. to 5 p.m., or by mail addressed to him. Completed forms may be submitted to the records access officer either personally at the authority's main office during the normal business day, or by mail addressed to him at such office.
(d)
(1) Upon receipt of an application to inspect records of the authority, on the proper form and at the appropriate time, the records access officer shall promptly search for the records requested. If the records access officer determines that the record requested is not in his custody, he shall certify to the applicant, as the case may be:
(i) that the authority is not the legal custodian for such records; or
(ii) that the records of which the authority is a legal custodian cannot be found after diligent search.
(2) Upon locating the records requested, the records access officer shall either:
(i) promptly produce the record for inspection and, in such case, the records access officer shall either permit the applicant making the request to copy the records or, upon payment of the established fee, make a copy of the record for him; or
(ii) deny access to the record, in whole or in part, as provided in section 4700.8 of this Part.
(e) The records access officer shall respond promptly to a request for records and, except under extraordinary circumstances, his response shall be made no more than five workdays after receipt of the request for inspection; provided, however, if for any reason more than five workdays are required to produce the records requested, the records access officer shall acknowledge receipt of the request within five workdays after the request is received and advise the applicant with a brief explanation of the reason for the delay and an estimate of the date production or denial of the records will be forthcoming.
(f) Upon request therefor, the records access officer shall certify that a transcript of a record of the authority is a true copy thereof, or, as the case may be, that he does not have possession of the records requested or that the same cannot be found after diligent search.
21 CRR-NY 4700.2
Current through June 30, 2021
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