3/28/07 N.Y. St. Reg. GNS-13-07-00017-P
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 330-1.2 and 330-1.9 of Title 9 NYCRR.
Statutory authority:
Executive Law, section 200; Public Officers Law, section 87; and L. 2006, ch. 182, section 1
Subject:
Public access to records.
Purpose:
To implement the provisions of L. 2006, ch. 182.
Text of proposed rule:
Paragraphs (2), (3), (4), (5), and (6) of subdivision 330-1.2(b) are re-numbered paragraphs (3), (4), (5), (6), and (7) respectively and a new paragraph (2) is added to read as follows:
(2) maintain forms on the internet for requesting records and responding to requests for records;
A new paragraph (3) is added to subdivision 330-1.9(b) to read as follows:
(3) Other records. For any other record not specified herein, the fee to be charged shall be the actual cost of reproducing the record, except when a different fee is otherwise prescribed by statute or regulation.
Text of proposed rule and any required statements and analyses may be obtained from:
Paula B. Hanlon, Esq., Office of General Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-0571, e-mail:
paula.hanlon@ogs.state.ny.usData, 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
This rule is being proposed as a consensus rule because, in accordance with State Administrative Procedure Act § 102(11)(b) and (c), it merely implements Chapter 182 of the Laws of 2006 and is non-controversial.
Chapter 182 of the Laws of 2006 provides that all State agencies having a reasonable means available, are required to accept requests for records submitted in the form of electronic mail and to respond to such requests by electronic mail, using forms, to the extent practicable, consistent with the forms developed by the Committee on Open Government, provided that the written requests do not seek a response in some other form. The proposed rulemaking simply provides for such new requirements. No one is likely to object to these amendments.
Job Impact Statement
A Job Impact Statement is not submitted with this proposal because the proposed amendments to Part 330 will not have an adverse impact on existing or future jobs and employment opportunities. The proposed regulations would amend the current regulations to be consistent with Chapter 182 of the Laws of 2006 regarding agency obligations to accept and respond to FOIL requests by email if the agency has reasonable means to do so. Additionally, the proposed regulations obligate State agencies to make forms available on the internet for requesting and responding to requests for records. This proposal does not impose any regulatory mandate on the regulatory community, nor does it require any businesses to purchase or modify any equipment, purchase any special permit or license or modify the means by which they conduct their business. Consequently, there could be no adverse impact on existing or future jobs and employment opportunities.
