Access to Records

[Admin]

The Freedom of Information Law ("FOIL"), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to records maintained by government agencies with certain exceptions.

"Record" means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.

https://dps.ny.gov/request-department-public-service-records-through-new-york-state-freedom-information-law

https://dos.ny.gov/coog/foil2.html

Article 6 of the New York State Public Officers Law, also known as the Freedom of Information Law (FOIL), allows members of the public to obtain records of state and local government. For more information, you can visit the New York Department of State Committee on Open Government webpage


https://ww2.nycourts.gov/rules/chiefadmin/124.shtml


New York State Unified Court System
Rules of the Chief Administrative Judge

Public Access to Records

    Rules
    100 - Judicial Conduct
    101 - Advisory Committee On Judicial Ethics
    102 - Reimbursement Of Traveling Expenses In Connection With Performance Of Judicial Duties
    103 - Administrative Rules And Orders Effective April 1, 1978
    104 - Retention And Disposition Of Court Records
    105 - Expedited Criminal Appeal Of An Order Reducing An Indictment ...
    106 - Electronic Court Appearances
    107 - Salary Schedule For Certain Nonjudicial Officers & Employees Of UCS
    108 - Format Of Court Transcripts And Rates Of Payment Therefor
    109 - Attendance Of Persons At Hearings To Determine The Mental Condition Of A Person
    110 - Procedure Under CPL 330.20
    111 - Procedure Under CPL Article 730
    112 - Rules Of The Chief Administrator Pursuant To CPLR Rules 5529 & 9703
    113 - Procedure To Evaluate Fitness Of Judges Or Justices Who Become Ill
    115 - Caseload Activity Reporting
    116 - Community Dispute Resolution Centers Program
    117 - Court Appointed Special Advocates Programs
    118 - Registration of Attorneys, In-House Counsel, and Foreign Legal Consultants
    121 - Temporary Assignment Of Judges To The Supreme Court
    122 - Judicial Hearing Officers
    123 - Requirements Relative To Material Submitted To Supreme Court Law Libraries
    124 - Public Access To Records
    125 - Uniform Rules For The Engagement Of Counsel
    126 - Compensation & Expenses Of Judges & Justices Temporarily Assigned ...
    127 - Assignment & Compensation Of Counsel, Psychiatrists, ...
    128 - Uniform Rules For The Jury System
    129 - Fair Treatment Standards For Crime Victims
    130 - Costs And Sanctions
    131 - Audio-Visual Coverage Of Judicial Proceedings
    132 - Unified Court System Employee Suggestion Incentive Program
    133 - Unified Court System Merit Performance Award Program
    134 - Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction
    135 - Sick Leave Bank Program
    136 - Fee Arbitration in Domestic Relations Matters
    137 - Fee Dispute Resolution Program
    138 - Justice Court Assistance Program
    140 - Civil Actions Or Proceedings Brought By Inmates
    141 - Integrated Domestic Violence Parts and Domestic Violence Parts
    142 - Criminal Division of Supreme Court in Bronx County
    143 - Superior Courts for Drug Treatment
    144 - New York State Parent Education and Awareness Program
    145 - Integrated Youth Court in Westchester County
    146 - Guidelines For Qualifications & Training Of ADR Neutrals Serving On Court Rosters
    147 - Superior Court Sex Offense Parts
    148 - Relief From Federal Firearms Disabilities Program
    149 - Superior Court Adolescent Diversion Parts
    150 - Independent Judicial Election Qualification Commissions
    151 - Rules Governing the Assignment of Cases Involving Contributions ...
    152 - Mental Health Parts
    154 - Requests for Exemption From Public Disclosure of Client Information ...

PART 124. Public Access To Records

124.1 Purpose and scope
124.2 Designation of records access officer
124.3 Subject matter list
124.4 List of officers and employees
124.5 Requests for public access to records
124.6 Response to requests
124.7 Inspection and copying of records
124.8 Fees
124.9 Appeals

Section 124.1 Purpose and scope.

This Part sets forth the procedures governing public access to the administrative records of the Office of Court Administration, pursuant to the Freedom of Information Law (Public Officers Law, article 6).

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.


  Section 124.2 Designation of records access officer.

(a) The Director of Public Affairs of the Office of Court Administration shall be designated as the records access officer of the Office of Court Administration.

(b) The records access officer shall:

(1) maintain a current list, by subject matter, of all administrative records in the possession of the Office of Court Administration, whether or not available to the public under the Freedom of Information Law;

(2) maintain a list setting forth the name, public office address, title and salary of every officer or employee of the Office of Court Administration; and

(3) respond on behalf of the Office of Court Administration to public requests for access to its records.

(c) The business address of the records access officer is: Records Access Officer, Office of Court Administration, 25 Beaver Street, New York, NY 10004; (212) 428-2116.

(d) The Chief Administrator of the Courts may authorize other officers or employees of the Office of Court Administration to perform any of the duties of records access officer as set forth in this Part.

Historical Note
Sec. filed July 12, 1985; amd. filed Oct. 5, 2001 eff. Sept. 26, 2001. Amended (a), (c), added (d).

  Section 124.3 Subject matter list.

A reasonably detailed list, by subject matter, of all records in the possession of the Office of Court Administration, whether or not the records are subject to public inspection and copying pursuant to the Freedom of Information Law, shall be available for public inspection and copying at the business office of the records access officer. The subject matter list shall be updated annually, and the date of the most recent revision shall be indicated on the first page of the list.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

Amended on Dec. 7, 2021.

  Section 124.4 List of officers and employees.

A list setting forth the name, public office address, title and salary of every officer or employee of the Office of Court Administration shall be available for public inspection and copying at the business office of the records access officer.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

  Section 124.5 Requests for public access to records.

(a) A person wishing to inspect or copy a record contained within the subject matter list shall
file a written application with the records access officer, which shall reasonably describe the record sought.

The application shall contain all available data concerning

date,
title,
file designation,
department or unit within the Office of Court Administration, and
any other information that may help identify the record.


If the information supplied by the applicant is not sufficiently detailed to enable the records access officer to determine whether or not the Office of Court Administration maintains the record, the records access officer shall so notify the applicant and may request further identifying information.

(b) A written request shall not be required for materials, such as civil service examination announcements and informational brochures, which customarily have been made available by the Office of Court Administration to the public in the regular course of business, and for any other material which the records access officer deems to be proper to release without a written request.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.


Section 124.6 Response to requests.

(a) The records access officer shall, within five business days of the receipt of a request for access to a record, provide written notification to the applicant:

(1) approving the request and authorizing inspection and copying of the record;

(2) denying the request in whole or in part, indicating the reason for the denial and advising the applicant of his right to appeal such denial; or

(3) acknowledging receipt of the request and providing the applicant with a statement of the approximate date on which the request will be approved or denied.

(b) Except as provided in paragraph (a)(3) of this section, failure to either approve, deny or acknowledge receipt within 10 business days of receipt of a request may be construed as a denial of the request and may be appealed.

(c) If the record cannot be located, the records access officer shall certify to the applicant that:

(1) the Office of Court Administration does not maintain the record; or

(2) the Office of Court Administration does maintain the record but, after diligent search, it cannot be found.

Historical Note
Sec. filed July 12, 1985; amd. filed Oct. 5, 2001 eff. Sept. 26, 2001. Amended (a)(3).


Section 124.7 Inspection and copying of records.

Where a request for inspection or copying of a record is approved, the following provisions shall apply:

(a) Location. The record shall be made available for inspection and copying at a location specified by the records access officer, which may include the business office of the records access officer or the office where the record is normally maintained.

No record shall be removed, by any person granted access to it, from any office of the Office of Court Administration without the express written consent of the records access officer.

(b) Hours for inspection and copying. The record shall be made available for inspection and copying at a time specified by the records access officer on any regular business day between the hours of 9:30 a.m. and 5 p.m.

(c) Photocopies of records.

Upon request by the applicant, the records access officer shall certify the correctness of any photocopy made from a record of the Office of Court Administration. If, at the request of the applicant, only part of a record is photocopied, a statement to that effect shall be clearly marked on the first page of the photocopy.

(d) Transcripts of records. If a record cannot be photocopied, the applicant may request that a transcript of it be made by the Office of Court Administration. The transcript may, in the discretion of the records access officer, be either typewritten or handwritten.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.


Section 124.8 Fees.

(a) Except as otherwise provided by statute:

(1) the fee for photocopies of records shall be 25 cents per page for photocopies not exceeding 9 inches by 14 inches;

(2) the fee for photocopies of records exceeding 9 inches by 14 inches shall be the actual copying cost, which shall be the average unit cost for photocopying a record, excluding fixed costs such as operator salaries;

(3) if a transcript of a record has been made by the Office of Court Administration at the request of the applicant pursuant to section 124.7 of this Part, the applicant may be charged for the clerical time and personal expenses involved in producing the transcript.

(b) All fees authorized herein shall be paid in advance by check or money order payable to the Office of Court Administration.

(c) There shall be no fee for:

(1) searching for a record;

(2) inspection of a record;

(3) certification of a photocopy of a record;

(4) certification that a record cannot be located; or

(5) photocopying five or fewer pages of a record, not exceeding 9 inches by 14 inches.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

/// Can request to wave fees via Poor Person Application. ////


Section 124.9 Appeals.

(a) The Chief Administrator of the Courts or his designee shall be the appeals officer. The business address of the appeals officer is: Office of Court Administration, 25 Beaver Street, New York, NY 10004.

(b) An applicant whose request to inspect or copy a record has been denied may, within 30 days of that denial, appeal that determination in writing to the appeals officer at his business address.

(c) The appeal shall set forth:

(1) the name and return address of the applicant;

(2) the date upon which the request for inspection or copying of the record was made;

(3) the record to which the applicant was denied access; and

(4) whether there was a written denial of the request and, if there was, the date upon which the request was denied and the reason for the denial.

(d) Upon receipt of an appeal made in compliance with this section, the appeals officer shall review the denial of the request for inspection or copying of the record. Within 10 business days of receipt of an appeal, the appellant shall be notified in writing of the determination of the appeals officer and the reasons therefor.

(e) A copy of every appeal and the determination thereon shall be transmitted to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, NY 12231.

Historical Note
Sec. filed July 12, 1985; amd. filed Oct. 5, 2001 eff. Sept. 26, 2001. Amended (a).

 

[Admin]

https://codes.findlaw.com/ny/public-officers-law/pbo-sect-89/

New York Consolidated Laws, Public Officers Law - PBO § 89. General provisions relating to access to records;  certain cases

Current as of January 01, 2021 | Updated by FindLaw Staff


The provisions of this section apply to access to all records, except as hereinafter specified:

1. (a) The committee on open government is continued and shall consist of the lieutenant governor or the delegate of such officer, the secretary of state or the delegate of such officer, whose office shall act as secretariat for the committee, the commissioner of the office of general services or the delegate of such officer, the director of the budget or the delegate of such officer, and seven other persons, none of whom shall hold any other state or local public office except the representative of local governments as set forth herein, to be appointed as follows:  five by the governor, at least two of whom are or have been representatives of the news media, one of whom shall be a representative of local government who, at the time of appointment, is serving as a duly elected officer of a local government, one by the temporary president of the senate, and one by the speaker of the assembly.  The persons appointed by the temporary president of the senate and the speaker of the assembly shall be appointed to serve, respectively, until the expiration of the terms of office of the temporary president and the speaker to which the temporary president and speaker were elected.  The four persons presently serving by appointment of the governor for fixed terms shall continue to serve until the expiration of their respective terms.  Thereafter, their respective successors shall be appointed for terms of four years.  The member representing local government shall be appointed for a term of four years, so long as such member shall remain a duly elected officer of a local government.  The committee shall hold no less than two meetings annually, but may meet at any time.  The members of the committee shall be entitled to reimbursement for actual expenses incurred in the discharge of their duties.

(b) The committee shall:

i. furnish to any agency advisory guidelines, opinions or other appropriate information regarding this article;

ii. furnish to any person advisory opinions or other appropriate information regarding this article;

iii. promulgate rules and regulations with respect to the implementation of subdivision one and paragraph (c) of subdivision three of section eighty-seven of this article;

iv. request from any agency such assistance, services and information as will enable the committee to effectively carry out its powers and duties;  

v. develop a form, which shall be made available on the internet, that may be used by the public to request a record;  and

vi. report on its activities and findings regarding this article and article seven of this chapter, including recommendations for changes in the law, to the governor and the legislature annually, on or before December fifteenth.

2. (a) The committee on public access to records may promulgate guidelines regarding deletion of identifying details or withholding of records otherwise available under this article to prevent unwarranted invasions of personal privacy.  In the absence of such guidelines, an agency may delete identifying details when it makes records available.

(b) An unwarranted invasion of personal privacy includes, but shall not be limited to:

i. disclosure of employment, medical or credit histories or personal references of applicants for employment;

ii. disclosure of items involving the medical or personal records of a client or patient in a medical facility;

iii. sale or release of lists of names and addresses if such lists would be used for solicitation or fund-raising purposes;

iv. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it;  

v. disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency;  

vi. information of a personal nature contained in a workers' compensation record, except as provided by section one hundred ten-a of the workers' compensation law;  or

vii. disclosure of electronic contact information, such as an e-mail address or a social network username, that has been collected from a taxpayer under section one hundred four of the real property tax law.

(c) Unless otherwise provided by this article, disclosure shall not be construed to constitute an unwarranted invasion of personal privacy pursuant to paragraphs (a) and (b) of this subdivision:

i. when identifying details are deleted;

ii. when the person to whom a record pertains consents in writing to disclosure;

iii. when upon presenting reasonable proof of identity, a person seeks access to records pertaining to him or her;  or

iv. when a record or group of records relates to the right, title or interest in real property, or relates to the inventory, status or characteristics of real property, in which case disclosure and providing copies of such record or group of records shall not be deemed an unwarranted invasion of personal privacy, provided that nothing herein shall be construed to authorize the disclosure of electronic contact information, such as an e-mail address or a social network username, that has been collected from a taxpayer under section one hundred four of the real property tax law.

2-a. Nothing in this article shall permit disclosure which constitutes an unwarranted invasion of personal privacy as defined in subdivision two of this section if such disclosure is prohibited under section ninety-six of this chapter.

3. (a) Each entity subject to the provisions of this article, within five business days of the receipt of a written request for a record reasonably described, shall make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgement of the receipt of such request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied, including, where appropriate, a statement that access to the record will be determined in accordance with subdivision five of this section.  

An agency shall not deny a request on the basis that the request is voluminous or that locating or reviewing the requested records or providing the requested copies is burdensome because the agency lacks sufficient staffing or on any other basis if the agency may engage an outside professional service to provide copying, programming or other services required to provide the copy, the costs of which the agency may recover pursuant to paragraph (c) of subdivision one of section eighty-seven of this article.

 An agency may require a person requesting lists of names and addresses to provide a written certification that such person will not use such lists of names and addresses for solicitation or fund-raising purposes and will not sell, give or otherwise make available such lists of names and addresses to any other person for the purpose of allowing that person to use such lists of names and addresses for solicitation or fund-raising purposes.  

If an agency determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within twenty business days from the date of the acknowledgement of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.  Upon payment of, or offer to pay, the fee prescribed therefor, the entity shall provide a copy of such record and certify to the correctness of such copy if so requested, or as the case may be, shall certify that it does not have possession of such record or that such record cannot be found after diligent search.  Nothing in this article shall be construed to require any entity to prepare any record not possessed or maintained by such entity except the records specified in subdivision three of section eighty-seven and subdivision three of section eighty-eight of this article.  When an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, it shall be required to do so.  When doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the agency shall be required to retrieve or extract such record or data electronically.  Any programming necessary to retrieve a record maintained in a computer storage system and to transfer that record to the medium requested by a person or to allow the transferred record to be read or printed shall not be deemed to be the preparation or creation of a new record.

(b) All entities shall, provided such entity has reasonable means available, accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail, using forms, to the extent practicable, consistent with the form or forms developed by the committee on open government pursuant to subdivision one of this section and provided that the written requests do not seek a response in some other form.

(c) [Eff. Jan. 1, 2019.] Each state agency, as defined in subdivision five of this section, that maintains a website shall ensure its website provides for the online submission of a request for records pursuant to this article.

4. (a) Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought.  In addition, each agency shall immediately forward to the committee on open government a copy of such appeal when received by the agency and the ensuing determination thereon.  Failure by an agency to conform to the provisions of subdivision three of this section shall constitute a denial.

(b) Except as provided in subdivision five of this section, a person denied access to a record in an appeal determination under the provisions of paragraph (a) of this subdivision may bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules.  In the event that access to any record is denied pursuant to the provisions of subdivision two of section eighty-seven of this article, the agency involved shall have the burden of proving that such record falls within the provisions of such subdivision two.  Failure by an agency to conform to the provisions of paragraph (a) of this subdivision shall constitute a denial.

(c) The court in such a proceeding:  (i) may assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, and when the agency failed to respond to a request or appeal within the statutory time;  and (ii) shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access.

(d) (i) Appeal to the appellate division of the supreme court must be made in accordance with subdivision (a) of section fifty-five hundred thirteen of the civil practice law and rules.

(ii) An appeal from an agency taken from an order of the court requiring disclosure of any or all records sought:

(A) shall be given preference;

(B) shall be brought on for argument on such terms and conditions as the presiding justice may direct, upon application of any party to the proceeding;  and

(C) shall be deemed abandoned if the agency fails to serve and file a record and brief within sixty days after the date of service upon the petitioner of the notice of appeal, unless consent to further extension is given by all parties, or unless further extension is granted by the court upon such terms as may be just and upon good cause shown.

5. (a) (1) A person acting pursuant to law or regulation who, subsequent to the effective date of this subdivision, submits any information to any state agency may, at the time of submission, request that the agency except such information from disclosure under paragraph (d) of subdivision two of section eighty-seven of this article.  Where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure.

(1-a) A person or entity who submits or otherwise makes available any records to any agency, may, at any time, identify those records or portions thereof that may contain critical infrastructure information, and request that the agency that maintains such records except such information from disclosure under subdivision two of section eighty-seven of this article.   Where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure.

(2) The request for an exception shall be in writing and state the reasons why the information should be excepted from disclosure.

(3) Information submitted as provided in subparagraphs one and one-a of this paragraph shall be excepted from disclosure and be maintained apart by the agency from all other records until fifteen days after the entitlement to such exception has been finally determined or such further time as ordered by a court of competent jurisdiction.

(b) On the initiative of the agency at any time, or upon the request of any person for a record excepted from disclosure pursuant to this subdivision, the agency shall:

(1) inform the person who requested the exception of the agency's intention to determine whether such exception should be granted or continued;

(2) permit the person who requested the exception, within ten business days of receipt of notification from the agency, to submit a written statement of the necessity for the granting or continuation of such exception;

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor;  copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the committee on public access to records.

(c) A denial of an exception from disclosure under paragraph (b) of this subdivision may be appealed by the person submitting the information and a denial of access to the record may be appealed by the person requesting the record in accordance with this subdivision:

(1) Within seven business days of receipt of written notice denying the request, the person may file a written appeal from the determination of the agency with the head of the agency, the chief executive officer or governing body or their designated representatives.

(2) The appeal shall be determined within ten business days of the receipt of the appeal.  Written notice of the determination shall be served upon the person, if any, requesting the record, the person who requested the exception and the committee on public access to records.  The notice shall contain a statement of the reasons for the determination.

(d) A proceeding to review an adverse determination pursuant to paragraph (c) of this subdivision may be commenced pursuant to article seventy-eight of the civil practice law and rules.  Such proceeding, when brought by a person seeking an exception from disclosure pursuant to this subdivision, must be commenced within fifteen days of the service of the written notice containing the adverse determination provided for in subparagraph two of paragraph (c) of this subdivision.

(e) The person requesting an exception from disclosure pursuant to this subdivision shall in all proceedings have the burden of proving entitlement to the exception.

(f) Where the agency denies access to a record pursuant to paragraph (d) of subdivision two of section eighty-seven of this article, the agency shall have the burden of proving that the record falls within the provisions of such exception.

(g) Nothing in this subdivision shall be construed to deny any person access, pursuant to the remaining provisions of this article, to any record or part excepted from disclosure upon the express written consent of the person who had requested the exception.

(h) As used in this subdivision the term "agency" or "state agency" means only a state department, board, bureau, division, council or office and any public corporation the majority of whose members are appointed by the governor.

6. Nothing in this article shall be construed to limit or abridge any otherwise available right of access at law or in equity of any party to records.

7. Nothing in this article shall require the disclosure of the home address of an officer or employee, former officer or employee, or of a retiree of a public employees' retirement system;  nor shall anything in this article require the disclosure of the name or home address of a beneficiary of a public employees' retirement system or of an applicant for appointment to public employment;  provided however, that nothing in this subdivision shall limit or abridge the right of an employee organization, certified or recognized for any collective negotiating unit of an employer pursuant to article fourteen of the civil service law, to obtain the name or home address of any officer, employee or retiree of such employer, if such name or home address is otherwise available under this article.

8. Any person who, with intent to prevent the public inspection of a record pursuant to this article, willfully conceals or destroys any such record shall be guilty of a violation.

9. When records maintained electronically include items of information that would be available under this article, as well as items of information that may be withheld, an agency in designing its information retrieval methods, whenever practicable and reasonable, shall do so in a manner that permits the segregation and retrieval of available items in order to provide maximum public access.

[Admin]

https://govt.westlaw.com/nycrr/Document/I502c3841cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

13 CRR-NY 120.10NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 13. DEPARTMENT OF LAW
CHAPTER VI. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
PART 120. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
13 CRR-NY 120.10

120.10 Requests for records.
(a) Persons appearing in person to request access to records will be required to complete the following request form:
APPLICATION FOR PUBLIC ACCESS TO RECORDS
RECORDS ACCESS OFFICER
Name of Agency
 Request Number
Address
I HEREBY APPLY TO INSPECT THE FOLLOWING RECORD:
 
 
 
Name
 Representing
Mailing Address
 Telephone Number
Signature
 Date
FOR AGENCY USE ONLY
APPROVED
DENIED (for the reason(s) checked below)
___Confidential Disclosure __ Part of Investigatory Files
___Unwarranted Invasion of Personal Privacy
___Record of Which This Agency is Legal Custodian Cannot Be Found
___Record is not Maintained by This Agency
___Exempted by Statute Other Than the Freedom of Information Act
___ Request has been Referred to Department Which has Custody or Control of Original Record
___
Other (specify)
 
Signature
 
Title
 
Date
NOTICE: YOU HAVE A RIGHT TO APPEAL A DENIAL OF THIS APPLICATION TO THE HEAD OF THIS AGENCY OR HIS DESIGNEE WHO IS:
Name
 Business Address
WHO MUST FULLY EXPLAIN HIS REASONS FOR SUCH DENIAL IN WRITING WITHIN SEVENWORKING DAYS OF RECEIPT OF AN APPEAL
I Hereby Appeal:
Signature
 Date
(b) Requests made orally or in a form other than authorized by this Part will not be entertained.
(c) Requests by mail will be processed at the location where received either by mail or by intra-departmental routing. Such requests will be processed if the requestor and material sought are sufficiently identified to make compliance practicable. In the absence of such identification, the department may send to the requestor a copy of the above form for completion in order that the request may be considered.
13 CRR-NY 120.10
Current through July 31, 2021
End of Document

[Admin]

13 CRR-NY 120.15NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 13. DEPARTMENT OF LAW
CHAPTER VI. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
PART 120. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
13 CRR-NY 120.15

120.15 Responses to requests.
(a) The records access officer shall within five business days:
(1) approve the request and authorize inspection of and copying of the record and certification of correctness of such copy; or
(2) deny the request and state the reason therefor on the application form; or
(3) if the request does not clearly identify the records sought, seek additional information from the requestor; or
(4) acknowledge receipt of the request and provide a statement of the approximate date when the request will be granted or denied.
(b) The records access officer shall, in authorizing issuance of copies, direct such omissions as may be required to protect the personal privacy of individuals in accordance with the requirements of the Freedom of Information Law, or any other applicable law, or regulation.
13 CRR-NY 120.15
Current through July 31, 2021
End of Document

[Admin]

13 CRR-NY 120.25NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 13. DEPARTMENT OF LAW
CHAPTER VI. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
PART 120. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
13 CRR-NY 120.25

120.25 Departmental finding list.
The department shall develop a record finding list for use at departmental access locations in conformity with the requirements of the Freedom of Information Law.
13 CRR-NY 120.25
Current through July 31, 2021
End of Document

[Admin]

13 CRR-NY 120.30NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 13. DEPARTMENT OF LAW
CHAPTER VI. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
PART 120. PUBLIC ACCESS TO DEPARTMENTAL RECORDS

120.30 Appeals.
(a) The head of the department to whom the appeals from denial of access may be made is the Attorney General, except that for special investigations established pursuant to statute, appeals will be made to the Special Deputy Attorney General in charge or his designee, or in the case of the Statewide Organized Crime Task Force, the Deputy Attorney General or his designee.

The Attorney General or the Special Deputy Attorney General or the Deputy Attorney General for the Organized Crime Task Force may designate a representative to determine such appeals and to exercise their powers and duties under subdivision 4 of section 89 of the Freedom of Information Law.


(b) When a records access officer has denied a request for records in whole or in part, the requestor may, within 30 days of its receipt, appeal the denial to the Attorney General's designated representative or to the Attorney General if he has made no such designation, or in the case of a Special Investigation established pursuant to statute to the Special Deputy Attorney General or his designee, or in the case of the Statewide Organized Crime Task Force to the Deputy Attorney General or his designee.

(c) The Attorney General or his authorized representative, or the Special Deputy Attorney General for each special investigation or his designee, or the Deputy Attorney General for the Statewide Organized Crime Task Force or his designee, will act upon the appeal within seven business days of its receipt. A denial in whole or in part of a request on appeal shall set forth the reason therefor in writing.
13 CRR-NY 120.30
Current through July 31, 2021
End of Document

[Admin]

13 CRR-NY 120.35NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 13. DEPARTMENT OF LAW
CHAPTER VI. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
PART 120. PUBLIC ACCESS TO DEPARTMENTAL RECORDS
13 CRR-NY 120.35

120.35 Posted notice.
The department shall cause to be conspicuously displayed at each access location, a notice clearly indicating:
(a) the head of the department;
(b) the records access locations, times and officers designated by the department;
(c) the schedule of applicable fees; and
(d) the right of a request or to appeal a denial of access and an outline of the procedure to be followed.
13 CRR-NY 120.35
Current through July 31, 2021
End of Document

[Admin]

https://dps.ny.gov/request-department-public-service-records-through-new-york-state-freedom-information-law


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Request Department of Public Service Records Through The New York State Freedom of Information Law
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Request Department of Public Service Records Through The New York State Freedom of Information Law
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    Overview
    Request Records
    FOIL Process
    Right to Appeal
    Subject Matter List
    Agency FOIL Regulations
    Helpful Tips

Overview

The Freedom of Information Law ("FOIL"), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to records maintained by government agencies with certain exceptions.

"Record" means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.

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Request Records
Request Records

Use the online form

Submit a Foil Request

Mail a written request to:

Records Access Officer
Department of Public Service
Three Empire State Plaza
Albany, New York 12223

Email a written request to: recordsaccessofficer@dps.ny.gov
Fax a written request to: 518-486-5710
Submit a request for records in person:

Our main offices are located in Agency Building 3, Empire State Plaza, Albany, New York. Upon entering the main entrance of the building, advise Security Staff that you would like to request records. Security Staff will contact the Records Access Office, and a staff member will provide assistance. Please be advised records require review prior to disclosure. As a result, documents and records will not be immediately available.

[Admin]

See also the DPS Policy on Maps and other Critical Infrastructure Information.

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FOIL Process
FOIL Process

Within five business days of the receipt of a written request for a record reasonably described, we will send you a letter either: making such record available; denying such request in writing; or furnishing a written acknowledgment of the receipt of such request. If you have not received a letter within five business days, please contact us at (518) 486-2661 or recordsaccessofficer@dps.ny.gov.

An acknowledgment letter will provide you with an estimate of when the records you request will be available, which shall be reasonable under the circumstances of the request. This date is determined by the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors.

If the records you request require a fee to be paid, you will be notified prior to the records being released to you. Unless a different fee is otherwise prescribed by statute, Public Officers Law §87(1) authorizes an agency to charge a fee of 25¢ per copy for copies of records up 9"x 14", or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only:

    an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record(s) requested;
    the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
    the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy.

Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD, or USB. Records are available for inspection, by appointment, on business days between 8:30am-4:30pm at the Records Access Office, Three Empire State Plaza, Albany, NY 12223. You may schedule an appointment for in-person inspection of records by calling (518) 486-2661.

Copying fees are not charged to: (1) Federal agencies, New York State agencies (including authorities) or local agencies in New York; (2) other states' Public Service Commissions or Public Utility Commissions; (3) Consumers, or their designated representatives, for a single copy of their case files; or (4) Requesters, where the records sought total fewer than 20 pages; this 20 page limit applies to requests of the same person, or firm, within any 30-day period.

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Right to Appeal
Right to Appeal

Under provisions of the Public Officers Law you may appeal a FOIL determination. If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter to:

Secretary to the Commission
Department of Public Service
Three Empire State Plaza
Albany, New York 12223

You will be informed in writing of the decision within ten business days of our receipt of such an appeal. Please indicate the FOIL Request Number when corresponding on this subject.

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Subject Matter List
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Subject Matter List

The following is a current list of records, by subject matter, that are maintained by this agency. Some of the listed records may be exempt from disclosure pursuant to the Freedom of Information Law.

   
    Department of Public Service Subject Matter List
   

    Download

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Agency FOIL Regulations
Agency FOIL Regulations

FOIL Regulations for the Department of Public Service: 16 NYCRR Subpart 6-1.



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Helpful Tips
Helpful Tips

For more information about FOIL, please visit the New York State Committee on Open Government's website.

When submitting a FOIL request:

Be as specific as possible in describing the requested records. Include relevant dates, names, descriptions, etc. See suggested language for a FOIL request from the Committee on Open Government.

    Specify whether you would like to inspect the records or have copies of the records sent to you.
    If records are available, specify how you want them sent, i.e., via US mail, email or fax. We may choose to send the records by U.S. mail, if you have requested a large volume of records, for security or other important reasons. We will notify you of any charge for reproducing such records before they are sent to you.
    Include your email, mailing address and fax number, as well as a telephone number where you can be reached during business hours, if it is necessary to clarify your request.
    Please note that the agency is not required to create a new record in response to FOIL requests.
    Consumers, or their designated representatives, may request a single copy of their case files. Please include the case number and full name. Please note that you are a consumer requesting your own records.
    Many Public Service Commission Records are available on the Document and Matter Management System (DMM), under the assigned case or matter number. To access these records, please use the following instructions:
        Visit the Commission Files search page at https://dps.ny.gov/file-search.
        Under "Commission Documents" enter the case or matter number. This will take you to the case or matter on our Document and Matter Management System (DMM).
        Once you have entered DMM, scroll down to view the filings under the case or matter number.
        Click on the document you are interested in viewing. You can view the documents for free or make a list of documents you are interested in obtaining from the Department (at $.25 per page).
        You may use the below templates for a FOIL request by mail, email or fax:

   
    FOIL Request Form - Word Version
   

    Download

   
    FOIL Request Form - PDF Version
   

    Download

Department of Public Service

 

[Admin]

FOIL Records Access Center

https://dpsny.govqa.us/WEBAPP/_rs/(S(v41rapck4y04w5yzn1f4ts4s))/RequestLogin.aspx?sSessionID=&rqst=1&target=YpURA3m6cNU+N1K9kEqQhqz8yC2ZLKNdSdB4wnowVJ5S8CGTBp2GIItHg4/I0pUM8Jvp1AAd4YheCcTrA795fG9P3xL5LmB/wFQjiIoSWN7tLnJa+Bm/oEirHbO2IQAI