N.Y. Comp. Codes R. & Regs. tit. 21 § 1156.9

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

Section 1156.9 - Trade secrets

(a) At the time a record is submitted to the authority or a subsidiary corporation a request may be made to except information contained in the record from disclosure pursuant to section 87(2)(d) of the Public Officers Law. Where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure. The request for an exception shall be in writing and state the reasons why the information should be excepted from disclosure. Information submitted as provided in this section shall be excepted from disclosure and be maintained apart by the authority or a subsidiary corporation from all other records until 15 days after the entitlement to such exception has been finally determined or such further time as ordered by a court of competent jurisdiction.

(b) On the initiative of the authority at any time, or upon the request of any person for a record excepted from disclosure pursuant to this section, the authority or a subsidiary corporation shall:

(1) inform the person who requested the exception of the authority's intention to determine whether such exception should be granted or continued;

(2) permit the person who requested the exception, within 10 business days of receipt of notification from the authority, to submit a written statement of the necessity for the granting or continuation of such exception;

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor. Copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on Open Government.

(c) A denial of an exception from disclosure under subdivision (b) of this section may be appealed by the person submitting the information and a denial of access to the record may be appealed by the person requesting the record in accordance with this subdivision:

(1) Within seven business days of receipt of written notice denying the request, the person may file a written appeal from the determination of the authority or a subsidiary corporation with the chairman.

(2) The appeal shall be determined within 10 business days of the receipt of the appeal. Written notice of the determination shall be served upon the person, if any, requesting the record, the person who requested the exception and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1156.9