Sec. 7101.7. Denial of access to records

(a) Denial of access to records or information shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the chair of the commission.

(b) If the requested records are not provided promptly, as required in section 7101.6(c), (d) of this Part, such failure shall be deemed a denial of access by the commission.

(c) Any person denied access to records may appeal within 30 days of the denial.

(d) The commission shall transmit to the Committee on Open Government copies of all appeals upon receipt of such an appeal. Such copies shall be addressed to:

Committee on Open Government Department of State 41 State Street Albany, NY 12231

(e) The chair of the commission shall hear and determine appeals regarding denial of access to records.

(f) The time for deciding an appeal shall commence upon receipt of a written appeal identifying:

(1) the date of the appeal;

(2) the date and location of the requests for records;

(3) the records to which the requester was denied access; and

(4) the name and return address of the requester.

(g) The commission shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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 (d) of this section.

(h) A final denial of access to a requested record, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Laws and Rules.