Sec. 803.9. Appeals of denials of access to office records

(a) Records access appeals officer.

The Records access appeals officer for the office shall be the office general counsel.

(b) Appealing a denial of access.

(1) Any person who has been denied access to office records may make a written appeal within 30 days of the date of such denial to the records access appeals officer.

(2) Any such written appeal shall be addressed as follows: Division of Legal Affairs, New York State Office of Alcoholism and Substance Abuse Services, 1450 Western Avenue, Albany, NY 12203-3526.

(3) Every such written appeal shall contain:

(i) the date of the original request for access to office records;

(ii) a description of the record or records to which access was denied;

(iii) the reason or reasons stated in the denial notice; and

(iv) the name and return address of the person appealing the denial.

(c) Responding to appeals.

(1) Within 10 business days after receipt of any written appeal, the records access appeals officer shall review the matter, shall affirm, modify or reverse the denial and shall notify the appellant of the determination.

(2) If the records access appeals officer determines that there are sufficient grounds to review the denial, the records access officer shall be instructed to allow prompt inspection or copying of the record or records requested. The notification to the appellant shall contain the time and place where the inspection or copying may be made.

(3) If the records access appeals officer upholds the denial, the notification to the appellant shall contain the reasons for the determination and shall inform the appellant of the right to a judicial review of the matter pursuant to article 78 of the New York Civil Practice Law and Rules.

(d) Notification of Committee on Open Government.

(1) Whenever the records access appeals officer receives an appeal of a denial of access to office records, a copy of such appeal shall be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, NY 12231.

(2) The Committee on Open Government shall be notified in writing of the final decision of the records access appeals officer. The notification shall contain the reasons for the final decision.