(a) Any person whose application to inspect and/or copy records has been denied, on any grounds other than the grounds that the information was submitted by a person who was granted an exception from disclosure pursuant to section 5900.7 of this Part (in which case the appeal must be submitted pursuant to section 5900.7[g]), may appeal within 30 days of such denial to Counsel, New York State Science and Technology Foundation, 99 Washington Avenue, Albany, N.Y. 12210. Such appeal must be in writing and must set forth: the name and address of the person requesting the records; the date of the request for records and to whom it was delivered; the specific records to which access was denied; the reasons given for such denial; and whether the denial was in writing or is considered to be a denial because of failure of the foundation to respond promptly to a request for records.

(b) The counsel to the foundation shall, upon receipt of an appeal in compliance with this section, review the request for access to records of the foundation and affirm, modify or reverse the denial. The counsel shall inform the person requesting access to records of the decision, in writing, within 10 business days of receipt of a properly filed appeal, and of his right to appeal any denial pursuant to article 78 of the Civil Practice Law and Rules.

(c) The counsel shall immediately transmit to the Committee on Public Access to Records copies of all appeals and the determination thereon. Such copies shall be addressed to: