N.Y. Comp. Codes R. & Regs. tit. 8 § 311.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 311.7 - Denial of access to records

(a) This section shall not apply to records or parts of records alleged to contain trade secrets.

(b) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the FOIL appeals officer, who shall be identified by name, title, business address and business telephone number.

(c) If requested records are not provided promptly, as required in section 311.4 of this Part, such failure shall also be deemed a denial of access.

(d) The following person shall determine appeals for denial of access to records under the Freedom of Information Law:

Chief Operating Officer, or Designee

State University of New York

State University Plaza

Albany, NY 12246

Telephone: (518) 320-1440

(e) Any person denied access to records may appeal within 30 days of a denial.

(f) The time for deciding an appeal by the individual designated to determine appeals shall commence upon receipt of a written appeal identifying:

(1) the date and the location of the requests for records;

(2) a description, to the extent possible, of the records to which the requester was denied access; and

(3) the name and return address of the person denied access.

(g) A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

(h) The person or body designated to hear determine shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:

Committee on Open Government

Department of State

One Commerce Plaza, Suite 6500

99 Washington Avenue

Albany, NY 12231

(i) The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (h) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 311.7