N.Y. Comp. Codes R. & Regs. tit. 9 § 6150.6

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

Section 6150.6 - Procedures for obtaining records

All requests for access to records maintained by DCJS, other than an itemized payroll record, shall be processed as follows.

(a) Place of request. Any person wishing to inspect and/or copy any record, other than a payroll record, may apply at one of the following locations:

(1) Albany. Records Access Officer, New York State Division of Criminal Justice Services, Executive Park Tower, Stuyvesant Plaza, 5th floor, Albany, N.Y. 12203.

(2) New York City. Records Access Officer, New York State Division of Criminal Justice Services, 80 Centre Street, 4th floor, New York, N.Y. 10013

(b) Form of request. All requests for access shall be in writing on a form prescribed by the records access officer, identifying the record requested with reasonable particularity. Blank forms may be obtained from the records access officer either personally on any workday, or by mail addressed to such office.

(c) Processing of request. Completed forms may be submitted to the records access officer personally on any workday between the hours of 9:30 a.m. and 4 p.m. Upon receipt of such a request, on the proper form and at the appropriate time, the records access officer shall notify the applicant of one of the following results:

(1) that the record requested is available for inspection at a specified time and place;

(2) when requested, and upon payment of the appropriate fee as prescribed in section 6150.8 of this Part, that a copy of the record will be provided to the applicant;

(3) that the record requested is not in his custody, does not exist, is in the custody of another specified agency or has been lost; or

(4) that access to the record is denied as provided in section 6150.10 of this Part.

(d) Time for processing request. All requests shall be fully processed by the records access officer at the earliest possible time. In view of the time required to conduct record searches, locate and copy certain information, DCJS reserves the right to respond to inquiries or shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied within five working days of receiving the request. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the record may be construed as a denial of access that may be appealed.

(e) Waiver of procedures. The records access officer may at his or her discretion waive any formality prescribed by this section, including the use of application forms prescribed by such officer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6150.6