N.Y. Comp. Codes R. & Regs. tit. 9 § 483.7

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

Section 483.7 - Denial of access to records

(a) Denial of access to records may be appealed by the aggrieved requesting party to the Assistant Deputy Superintendent--Administration, who is designated by the superintendent to hear and determine appeals on denial of access to records. An appeal shall be made no later than 30 days from the date the requesting party is advised of the denial by the records access officer; this 30-day time limitation shall be computed from the postmarked date of the written notification of denial sent to the requesting party.

(b) Appeals on denial of access to records shall be made in writing by the aggrieved requesting party. These appeals shall be addressed to division headquarters and directed to the attention of the Assistant Deputy Superintendent--Administration, Public Access to Records Appeal and shall contain the following information:

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

(2) the identification of records to which the requesting party was denied access; and

(3) the name and return address of the requesting party.

(c) The Assistant Deputy Superintendent--Administration shall inform the requesting party of his/her decision, in writing, within seven business days from receipt of the appeal, together with the information set forth in paragraphs (b)(1)-(3) of this section, or if unable to do so, the Assistant Deputy Superintendent--Administration shall advise the requesting party in writing, within seven business days, as to when his/her decision and the reasons for such decision shall be forthcoming.

(d) A continued denial of access to a record made by the Assistant Deputy Superintendent--Administration, as provided for in this section, shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules (CPLR). A failure of the Assistant Deputy Superintendent-- Administration to hear an appeal within the seven business days provided for in this Part may be considered by the requesting party as a continued denial by the Assistant Deputy Superintendent--Administration, for the purpose of permitting the aggrieved requesting party to proceed immediately with a court review as provided for in article 78 of the Civil Practice Law and Rules (CPLR).

N.Y. Comp. Codes R. & Regs. Tit. 9 § 483.7