N.Y. Comp. Codes R. & Regs. tit. 9 § 587.1

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

Section 587.1 - Access to agency records

(a) Purpose. The agency shall provide access to records in conformance with the requirements and procedures set forth in Article 6 o f the Public Officers Law, entitled ''Freedom of Information Law," and its implementing regulations in 21 NYCRR Part 1401. This section provides regulations specific to the agency's responsibilities under those authorities. Additional information about the agency's implementation of the Freed om of Information Law is on the agency's website at www.apa.ny.gov.

(b) Records access officer. One or more designated project administrators shall be the agency's records access officer(s) with the responsibilities set forth herein and in 21 NYCRR Part 1401. The business address for the records access officer is: Adirondack Park Agency, P.O. Box 9 9, Ray Brook, New York 12977, and the email address is: FOIL@apa.ny.gov. In the absence of the records access officer, any agency attorney except the counsel may be designated to serve in that capacity.

(c) Requests for access to records. Requests for access to re cords may be submitted to the agency in writing by email, mail or in person. Record request forms are available at the Adirondack Park Agency, 1 133 NYS Route 86, Ray Brook, New York and on the agency's website at www.apa.ny.gov. Oral requests for access to records may also be allowed, although the agency may require a written request. The agency shall respond to requests for access to records in conformance with 2 1 NYCRR Part 1401. The agency will provide requested records by email or mail, or make them available for inspection at the Adirondack Park Agency, 1133 NYS Route 86, Ray Brook, New York.

(d) Hours for public inspection. The agency shall accept requests for access to records and produce records during all regular business hours. Except on State holidays, or during weather or other emergencies, regular business hours are 8:30 a.m. to 5:00 p.m., Monday through Friday.

(e) Fees.

(1) No fee will be charged for electronic copies of records;

(2) Fees of 25 cents per page may be charged for photocopies of more than fifty pages of records not exceeding 9 by 14 inches in size; and

(3) Other fees may be charged for the actual cost of reproducing records in accordance with 21 NYCRR Part 1401.

(f) Requests for exceptions from disclosure of records. Requests for exceptions from disclosure of records shall be governed by section 89(5) of the Freedom of Information Law. A person submitting records to the agency may identify information therein for which an except ion from disclosure is requested pursuant to that section and shall specify the facts, in reasonable detail, supporting the request. The records access officer shall identify the person(s) within the agency who shall have custody and/or access to such information and the manner of safeguarding against unauthorized access to such information until fifteen days after the entitlement to such exception has been finally determined or such further time as ordered by a court of competent jurisdiction.

(g) Appeals. Appeals shall be governed by the Freedom of Information Law or 21 NYCRR Part 1401, as applicable. Any person denied access to records, or denied a requested exception from disclosure of records, in whole or in part, may appeal in writing to the agency's counsel. The business address of the agency's counsel is Adirondack Park Agency, P.O. Box 99, Ray Brook, New York 12977.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 587.1

Adopted New York State Register February 1, 2017/Volume XXXIX, Issue 05, eff. 2/1/2017