Sec. 188.26. Public access to archival records from State agencies

(a) The director, or a designee, whose office is located in Room 9C49, Cultural Education Center, Albany, NY, shall serve as the records access officer for all archival records which are in the State Archives and in the official legal and physical custody of the State Archives. Access to these archival records shall be subject to the provisions of this section and Part 187 of this Title. In the event of a conflict, the provisions of this section shall apply.

(b) Archival records shall be available for inspection at the State Archives research room located on the 11th floor of the Cultural Education Center, Albany, NY 12230. Archival records shall be available during normal business hours for use by any individual subject to procedures needed to ensure the security and preservation of the records. Catalogs, inventories, lists, and other finding aids describing records in the State Archives are available to assist researchers.

(c) Requests to inspect or to obtain copies of archival records may be made orally or in writing. The records access officer shall have the right to require that any request shall be in writing in a form prescribed by the records access officer.

(d) The records access officer reserves the right to review requested records and to withhold access to records or portions of records that may be exempted from public disclosure by subdivision 2 of section 87 of the Public Officers Law (Freedom of Information Law).

(e) The records access officer shall not restrict or deny access to any records more than 75 years old, except pursuant to statutory provisions which explicitly prohibit access to the records.

(f) The director may establish conditions to permit controlled access to certain records in the State Archives which may be exempt from disclosure under law, provided that there are no statutory provisions which explicitly prohibit access to the records. In establishing such access conditions, the director may enter into a memorandum of understanding with the agency that transferred the records to the State Archives to require the prior review of the agency before the records access officer makes a decision to permit access to the records.

(g) With respect to records which are determined not to be available, the records access officer shall inform the person requesting the records in writing of such denial.

(h) Appeals shall be directed to the commissioner within 30 days after denial from which such appeal is taken. Appeals shall be determined by the commissioner or an authorized representative.

(i) Copies of records will be provided at a cost not to exceed that permitted in the Freedom of Information Law.