General Regulations; Election of Arbitration

NY-ADR

1/17/07 N.Y. St. Reg. HRT-03-07-00006-P
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 3
January 17, 2007
RULE MAKING ACTIVITIES
DIVISION OF HUMAN RIGHTS
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. HRT-03-07-00006-P
General Regulations; Election of Arbitration
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to amend Part 466 and repeal Part 467 of Title 9 NYCRR.
Statutory authority:
Executive Law, sections 290.3, 293.2, 295.5 and 297
Subject:
General regulations; election of arbitration.
Purpose:
To make minor changes, including updating various addresses, providing information regarding changes relative to Freedom of Information requests, and information about the division's website; and repeal an obsolete rule.
Text of proposed rule:
466.5(g) A copy of the plan, when approved, shall be filed in the offices maintained by the division at [270 Broadway, New York City] One Fordham Plaza, Bronx, New York 10458 and at the regional offices serving the regions in which the plan is to be operative. Such plans shall be open to public inspection during regular business hours of the division.
466.6(b) Designation of privacy compliance officer.
(1) [The privacy compliance officer for a regional office of the division, designated pursuant to 21 NYCRR 1401.2, is the regional director for that office. His business address is the address of said office.] The privacy compliance officer for [the central office of] the division is the division's [librarian] freedom of information officer. This business address is: [55 West 125th Street, New York, NY 10027] One Fordham Plaza, Bronx, New York 10458.
(2) The privacy compliance officer[s] [are] is responsible for:
466.6(d) Location.
(1) Records shall be made available at the main office of the agency, which is located at: [55 West 125th Street, New York, NY 10027] One Fordham Plaza, Bronx, New York 10458.
466.6(f)(4) Within five business days of the receipt of a request, the agency shall provide access to the record, deny access in writing explaining the reasons therefore, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of the acknowledgment.
466.6(h)(3) Any such denial may be appealed to the commissioner, who may decide the appeal him/herself or refer it to General Counsel [55 West 125th Street, New York, NY 10027], One Fordham Plaza, Bronx, New York 10458.
466.6(k)(2) Fees.
(2) Unless otherwise prescribed by statute, copies of records shall be provided:
(i) at a fee [of 10 cents per photocopy page up to 9 × 14 inches;] in the amount prescribed by Section 87 of the Freedom of Information Act; or
466.7(b) Request for records. Any person may request to inspect and copy any record in the division's custody which is required to be made available. [Said] Such request shall be in writing [and on a form to be supplied by the division] and sent to the division by mail, facsimile or electronic mail. A form is available on the division's website, www.dhr.state.ny.us. [Request forms may be obtained from any office of the division during regular office hours. Such forms when completed shall be filed in such office.]
466.7(d)(2) Unless otherwise prescribed by statute, copies of records shall be provided:
(i) at a fee [of 15 cents per photocopy page up to 9 x 14 inches;] in the amount prescribed by Section 87 of the Freedom of Information Act; or
466.7(e) Appeal of denial of record. Any person denied access to a requested record may, within 30 days, appeal in writing to the commissioner. The commissioner may decide the appeal himself or herself or refer it to general counsel. If the commissioner or general counsel denies access to the requested record, his /her reasons shall be explained fully in writing within seven business days of the time of the appeal.
466.7(f) Designation of records access officer. [The records access officer for a regional office of the division, designated pursuant to 21 NYCRR 1401.2, is the regional director for that office. His business address is the address of said office.] The records access officer for the [central office of the] division is the division's [librarian] freedom of information officer. His/her business address is: [55 West 125th Street, New York, NY 10027] One Fordham Plaza, Bronx, New York 10458.
466.10(c) The commissioner may, in his/her sole discretion, issue a declaratory ruling. Nothing shall be deemed a declaratory ruling unless it is entitled as such, is in writing and is signed by the commissioner.
Text of proposed rule and any required statements and analyses may be obtained from:
Jane M. Stack, Senior Attorney, Division of Human Rights, One Fordham Plaza, Fourth Fl., Bronx, NY 10458, (718) 741-3225, e-mail: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
It is unlikely that any person will object to the rule as revised, as no substantive changes have been made in the regulations. The changes include updating various addresses, providing information regarding changes relative to Freedom of Information requests, and information about the Division's website.
Job Impact Statement
(1) Nature of impact: None.
(2) Categories and numbers affected. None.
(3) Regions of adverse impact: None.
(4) Minimizing adverse impact: None.
(5) Self-employment opportunities: Not applicable.
End of Document