§ 113-8. Denial of access to records.  


Latest version.
  • A. 
    Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.
    B. 
    If requested records are not provided promptly, as required in § 113-6B of these regulations, such failure shall also be deemed a denial of access.
    C. 
    The Mayor shall designate a person or persons or body to hear appeals from denial of access to records.
    D. 
    The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:
    (1) 
    The date of the appeal.
    (2) 
    The date and location of the requests for records.
    (3) 
    The records to which the requester was denied access.
    (4) 
    Whether the denial of access was in writing or was by failure to provide records promptly as required by § 113-6B.
    (5) 
    A copy of the written denial, if any.
    (6) 
    The name and return address of the requester.
    E. 
    The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal.
    F. 
    A final denial of access to a requested record, as provided for in § 113-8E, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.