The governing body of a public corporation and the head of an executive
agency or governing body of other agencies shall be responsible for ensuring
compliance with the regulations herein and shall designate one or more persons
as records access officer by name or by specific job title and business address,
who shall have the duty of coordinating agency response to public requests
for access to records. The designation of one or more records access officers
shall not be construed to prohibit officials who have in the past been authorized
to make records or information available to the public from continuing to
do so.
The records access officer is responsible for assuring that agency personnel:
A. Maintain an up-to-date subject matter list.
B. Assist the requester in identifying requested records,
if necessary.
C. Upon locating the records, take one of the following
actions:
(1) Make records available for inspection.
(2) Deny access to the records in whole or in part and explain
in writing the reasons therefor.
D. Upon request for copies of records:
(1) Make a copy available upon payment or offer to pay established
fees, if any.
(2) Permit the requester to copy those records.
E. Upon request, certify that a record is a true copy.
F. Upon failure to locate records, certify that:
(1) The agency is not the custodian for such records.
(2) The records of which the agency is a custodian cannot
be found after diligent search.
Each agency shall designate the locations where records shall be available
for public inspection and copying.
Each agency shall accept requests for public access to records and produce
during all hours that they are regularly open for business.
In agencies which do not have daily regular business hours, a written
procedure shall be established by which a person may arrange an appointment
to inspect and copy records. Such procedure shall include the name, position,
address and phone number of the party to be contacted for the purpose of making
an appointment.
The governing body of a public corporation or the head, chief executive
or governing body of other agencies shall hear appeals or shall designate
a person or body to hear appeals regarding denial of access to records under
the Freedom of Information Law.
Denial of access shall be in writing, stating the reason therefor and
advising the person denied access of his or her right to appeal to the person
or body established to hear appeals, and that person or body shall be identified
by name, title, business address and business telephone number. The records
access officer shall not be the appeals officer.
If an agency fails to respond to a request within five business days of receipt of a request, as required in §
149-7D and
E of this chapter, such failure shall be deemed a denial of access by the agency.
Any person denied access to records may appeal within 30 days of a denial.
The time for deciding an appeal by the individual or body designated
to hear appeals shall commence upon receipt of written appeal identifying:
A. The date and location of a request for records.
B. The records that were denied.
C. The name and return address of the appellant.
The agency shall transmit to the Committee on Public Access to Records
copies of all appeals upon receipt of an appeal. Such copies shall be addressed
to:
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Committee on Public Access to Records
162 Washington Avenue
Department of State
Albany, New York 12231
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The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in §
149-14.
A final denial of access to a requested record, as provided for in §
149-15, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law:
A. There shall be no fee charged for the following:
(3) Any certification pursuant to this chapter.
B. An agency shall charge a fee for copies of records, provided
that:
(1) The fee for copying records shall not exceed $0.25 per
page for photocopies not exceeding 9 inches by 14 inches. This section shall
not be construed to mandate the raising of fees where agencies in the past
have charged less than $0.25 for such copies.
(2) In agencies which do not have photocopying equipment,
a transcript of the requested records shall be made upon request. Such transcripts
may either be typed or handwritten. In such cases, the person requesting records
may be charged for the clerical time involved in making the transcript.
(3) The fee for copies of records not covered by Subsection
B(1) and
(2) above shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency, such as operator salaries.
Each agency shall publicize, by posting in a conspicuous location and/or
by publication in a local newspaper of general circulation:
A. The location where records shall be made available for
inspection and copying.
B. The name, title, business address and business telephone
number of the designated records access officer.
C. The right to appeal by any person denied access to a
record and the name and business address of the person or body to whom an
appeal is to be directed.