6/15/16 N.Y. St. Reg. CCS-24-16-00006-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 5.11 and 5.15 of Title 7 NYCRR.
Statutory authority:
Correction Law, sections 5 and 71.1
Subject:
Department Records.
Purpose:
Update Department name and address, update who appoints records access officer, and adds Regional Directors as custodians.
Text of proposed rule:
The Department of Corrections and Community Supervision proposes to amend 7NYCRR Part 5 as follows:
Amend Section 5.11 as follows:
The [deputy commissioner for administrative services is the ]records access officer for the Department of [Correctional Services]Corrections and Community Supervision is appointed by the Department’s Deputy Commissioner and Counsel. [The director of employee investigations serves as the assistant records access officer.] A request by any person wishing to inspect or obtain a copy of a departmental record shall be addressed in writing to: Records Access Officer, Department of [Correctional Services]Corrections and Community Supervision, [Building 2,] 1220 Washington Avenue, Albany, NY 12226-2050. The request shall describe, in reasonable detail, the record or records sought. The request may be mailed or delivered in person to the above address on any workday between the hours of 9:00 a.m. and 4:00 p.m.
Amend Section 5.15 as follows:
(a) The superintendent or director of a facility shall be the custodian of all departmental records located at the facility unless otherwise specified herein. As custodian, he or she is a designee of the commissioner for the purposes of this Part.
(b) The counsel is the custodian of all records maintained by staff members of the office of counsel.
(c) Other designees may be appointed by the commissioner, the records access officer and the superintendent or director of a facility.
(d) Regional Directors for Community Supervision are the custodian of all Department records maintained within their respective regions.
Text of proposed rule and any required statements and analyses may be obtained from:
Kevin P. Bruen, Deputy Commissioner and Counsel, NYS Department of Corrections and Community Supervision, 1220 Washington Avenue - Harriman State Campus, Albany, NY 12226-2050, (518) 457-4951, email:
Rules@doccs.ny.govData, 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 Department of Corrections and Community Supervision (DOCCS) has determined that no person is likely to object to the proposed action. The amendment of these sections updates the Department name and address, updates who appoints the records access officer, and adds Regional Directors as custodians. See SAPA Section 102(11)(a).
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This proposal updates the Department name and address, updates who appoints the records access officer, and adds Regional Directors as custodians.
