§ 1-06 Procedures for Appeals.
RCNY § 1-06
(a)The head or governing body of each agency shall hear appeals or shall designate a person or body to hear appeals (an "appeals officer") from denials of requests by a records access officer. No records access officer shall also serve as an appeals officer.
(b)When a request for inspection has been denied in writing in whole, or in part by a records access officer, the requesting party shall have thirty days after receipt of the denial within which to appeal. An appeal shall be in writing, addressed to the denying agency's appeals officer, and shall include the name of the records access officer who denied the request, the date of the request, the date of the denial, the records which were the subject of the request and the name and address of the appellant.
(c)Each appeals officer shall transmit to the Law Department and the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, N.Y. 12231, copies of all appeals upon their receipt.
(d)Within ten business days from the date of actual receipt of an appeal, the appeals officer shall make a written determination either affirming or reversing the denial and shall transmit copies of his or its determination to the appellant, the Law Department and the Committee on Open Government. Determinations affirming denials shall state the grounds for withholding of the requested records and that judicial review of the denial may be obtained in a proceeding under Article 78 of the Civil Practice Law and Rules commenced within four months after determination of the appeal.
