Sec. 8450.2. Designation of records access officers

(a) The State Director of Veterans' Affairs is responsible for insuring compliance with the regulations in this Part, and designates the following persons as records access officers:

Executive Deputy Director

Division of Veterans' Affairs

Agency Building 2

Empire State Plaza

Albany, N.Y. 12223

Chief Account Clerk

Division of Veterans' Affairs

Agency Building 2

Empire State Plaza

Albany, N.Y. 12223

(b) Records access officers are responsible for insuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.

(c) Records access officers shall assure that personnel:

(1) maintain an up-to-date subject matter list;

(2) assist the requester in identifying requested records, if necessary;

(3) upon locating the records, take one of the following actions in accordance with section 8450.8(b) of this Part:

(i) make records promptly available for inspection; or

(ii) deny access to the records in whole or in part, and explain in writing the reasons therefor;

(4) upon request for copies of records:

(i) make a copy available upon payment or offer to pay established fees, if any, in accordance with section 8450.10 of this Part; or

(ii) permit the requester to copy those records;

(5) upon request, certify that a transcript is a true copy of records copied; and

(6) upon failure to locate records, certify that:

(i) the New York State Division of Veterans' Affairs is not the legal custodian for such records; or

(ii) the records of which the New York State Division of Veterans' Affairs is a legal custodian, after diligent search, cannot be found.