PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend sections 7022.5(c), 7200.2(a), 7200.3, 7200.6(b), 7202.4(a), 7202.6 and 7202.11(a) of Title 9 NYCRR.
Statutory authority:
Correction Law, section 45(6) and (15)
Subject:
Agency address.
Purpose:
To amend the Commission of Correction's listed address.
Text of proposed rule:
Subdivision (c) of section 7022.5 is amended to read as follows:
(c) Copies of the reportable incident guidelines manual are available, pursuant to the Freedom of Information Law, upon request from the New York State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001. All such requests should specify the item sought as Reportable Incident Guidelines for County Correctional Facilities. The guidelines manual consists of a soft-bound, indexed booklet 192 pages in length. A copy of these guidelines has been filed with the Department of State.
Subdivision (a) of section 7200.2 is amended to read as follows:
(a) The following person has been designated as records access officer to the commission: Public Information Officer, New York State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001.
Section 7200.3 is amended to read as follows:
Records shall be available for public inspection and copying at: State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001.
Subdivision (b) of section 7200.6 is amended to read as follows:
(b) Any person whose request for access to records has been denied pursuant to subdivision (a) of this section may, within 30 days, appeal such denial to the Special Counsel, State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001. Such appeal shall be in writing and shall include:
(1) the date of the request for access to the records;
(2) the location of the records sought;
(3) a description of the records to which the requester was denied access;
(4) a statement as to whether the denial of access was in writing or was a failure to grant or deny access within the time period required by section 7200.5(d) of this Part; and
(5) the name and address of the requester.
Subdivision (a) of section 7202.4 is amended to read as follows:
(a) The following person has been designated as privacy compliance officer to the commission: Records Access Officer, New York State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001.
Section 7202.6 is amended to read as follows:
Records shall be available for public inspection at State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001.
Subdivision (a) of section 7202.11 is amended to read as follows:
(a) Any person denied access to a record or denied a request to amend or correct a record or personal information, may appeal to: Special Counsel, State Commission of Correction, [80 Wolf Road, 4th Floor, Albany, New York 12205] Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210-8001.
Text of proposed rule and any required statements and analyses may be obtained from:
Brian M. Callahan, Associate Attorney, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210, (518) 485-2346, email: Brian.Callahan@scoc.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Commission of Correction has determined that no person is likely to object to the rule as written because the proposed amendments change only the Commission’s listed address, necessary following the agency’s recent relocation.
Job Impact Statement
The Commission of Correction has determined that the rule will have no adverse effect on jobs and employment opportunities because the proposed amendments change only the Commission’s listed address, necessary following the agency’s recent relocation.
