Sec. 8000.7. Denial of access to records  


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  • (a) Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.
    (b) If requested records are not provided promptly, as required in section 8000.5(d) of this Part, such failure shall also be deemed a denial of access.
    (c) The following person shall hear appeals for denial of access to records under the Freedom of Information Law:
    General Counsel
    New York City Housing Development Corporation
    75 Maiden Lane, 8th Floor
    New York, N.Y. 10038, (212) 344-8080
    (d) The time for deciding an appeal by the individual designated to hear appeals shall commence upon receipt of a written appeal identifying:
    (1) the date of the appeal;
    (2) the date and location of the request for records;
    (3) the records to which the requester was denied access;
    (4) whether the denial of access was in writing or due to failure to provide records promptly as required by section 8000.5(d) of this Part; and
    (5) the name and return address of the requester.
    (e) The individual designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal.
    (f) The person designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
    Committee on Open Government
    Department of State
    162 Washington Avenue
    Albany, N.Y. 12231
    (g) The person designated to hear appeals shall inform the appellant and the Committee on Open Government of its determindation in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (f) of this section.