Rules for Real Property Tax Administration

Subpart 185-2

PUBLIC ACCESS TO RECORDS

Sec.

185-2.1 Statutory authority
185-2.2 Records access officer
185-2.3 Hours and location for inspecting records
185-2.4 Procedures governing access to records
185-2.5 Trade secrets
185-2.6 Subject matter list
185-2.7 Fees for copying records
185-2.8 Denial of access to records
185-2.9 Public notice
185-2.10 Severability

§ 185-2.1 Statutory authority. The rules set forth in this Subpart are adopted pursuant to the New York State Freedom of Information Law (Public Officers Law, article 6) and the rules of the Committee on Open Government (21 NYCRR 1401).

§ 185-2.2 Records access officer. (a) The executive director of the Office of Real Property Services is responsible for insuring compliance with the regulations contained in this Subpart, and will designate a person employed by the office to be records access officer.

(b) The records access officer is responsible for insuring appropriate board response to requests for access to records. The records access officer shall assure that personnel:

    (1) maintain an up-to-date subject matter list;

    (2) assist the requester in identifying requested records, if necessary;

    (3) upon locating the records, take one of the following actions:

      (i) make records available for inspection; or

      (ii) deny access to the records in whole or in part, and explain in writing the reasons therefor;

    (4) upon request for copies of records, make a copy available upon payment or offer to pay established fees, and, whenever possible, respond via electronic mail, unless a response in another medium is requested;

    (5) upon request, certify that a record is a true copy; and

    (6) upon failure to locate records, certify that:

      (i) the board is not the custodian for such records; or

      (ii) the records of which the board is a legal custodian cannot be found, after diligent search.

§ 185-2.3 Hours and location for inspecting records. (a) Requests for public access to records shall be accepted and records produced during the regular business hours of the board.

(b) Records shall be available for public inspection and copying at: State Board of Real Property Services, Sheridan Hollow Plaza, 16 Sheridan Avenue, Albany, N.Y. 12210-2714, or, upon agreement with the requester, at a regional office of the State Board.

§ 185-2.4 Procedures governing access to records. (a) Requests for board records may be submitted in writing by means of delivery by the United States Postal Service, private delivery service, or by facsimile transmission. Requests may also be submitted via electronic mail to the FOIL mailbox.

(b) The board shall respond to a request reasonably describing the record or records sought within five business days after receipt of the request.

(c) A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records.

(d) Where the board does not provide or deny access to a record sought within five business days of receipt of a request, a written acknowledgment of receipt of the request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when the request will be granted or denied shall be furnished. If the board determines to grant a request in whole or in part, and if circumstances prevent disclosure within 20 business days from the date of the acknowledgment of receipt of the request, the board shall state, in writing, both the reason for its inability to grant the request within 20 business days and date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. This notice shall include, where appropriate, a statement that access to the record will be determined in accordance with the procedure prescribed in subdivision 5 of section 89 of the Public Officers Law regarding trade secrets and critical infrastructure.

§ 185-2.5 Trade secrets and critical infrastructure. (a) Access to records or portions of reports constituting trade secrets, as that term is used in paragraph (d) of subdivision 2 of section 87 of the Public Officers Law, and critical infrastructure shall be determined in accordance with the provisions of subdivision 5 of section 89 of such law. Persons submitting records to the board, which records are alleged to constitute or include trade secrets, critical infrastructure, or both, shall identify, in writing, those records or portions of records alleged to be trade secrets, critical infrastructure, or both, and state reasons why such records should be excepted from public disclosure.

(b) Records or portions of records constituting trade secrets, critical infrastructure, or both, shall be filed or maintained separately from the records in the bureau in which they are kept. Records or portions of records constituting trade secrets, critical infrastructure, or both, shall be made available for inspection and study by the members of the board, the executive director and his or her designees.

§ 185-2.6 Subject matter list. (a) (1) A current list, by subject matter, of all records in the possession of the board shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the records sought.

    (2) The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than annual.

(b) No records may be removed by the requester from the office where the record is located without the permission of the records access officer.

§ 185-2.7 Fees for copying records. (a) There shall be no fee charged for:

    (1) inspection of records;

    (2) search for records; or

    (3) any certified copy of a record.

(b) The fee for photocopies not exceeding 9 inches by 14 inches is $.25 per page.

(c) The fee for computer output copies shall be at the actual reproduction cost thereof. An up-to-date list of such computer costs shall be kept by the records access officer.

§ 185-2.8 Denial of access to records. (a) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal.

(b) If requested records are not provided promptly, as required in subdivision (b) of section 185-2.4 of this Subpart, such failure shall also be deemed a denial of access.

(c) The general counsel to the board or his or her designee shall hear appeals from denial of access to records under the Freedom of Information Law at his or her office at Sheridan Hollow Plaza, 16 Sheridan Avenue, Albany, N.Y. 12210-2714. The name of the general counsel or such designee shall be available at such address.

(d) Photocopies of all appeals upon receipt of an appeal shall be forwarded to the Committee on Open Government.

(e) The counsel to the board or his or her designee shall inform the requester and the Committee on Open Government in writing of his or her determinations within 10 business days of receipt of an appeal.

§ 185-2.9 Public notice. A notice containing the name, business address and telephone number of the records access officer and the general counsel or the person designated to hear appeals from denials of access to records, and the location where and hours during which records may be inspected and copied, shall be posted at the offices of the board at Sheridan Hollow Plaza, 16 Sheridan Avenue, Albany, N.Y. 12210-2714.

§ 185-2.10 Severability. If any provision of this Subpart or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Subpart or the application thereof to other persons and circumstances.