§ 1-08 Denial of Access to Records.

Denial of access to records shall be in writing stating the reason therefore and advising the requester of the right to appeal to the individual or body established to hear appeals.

§ 1-09 Procedure for Appeals.

   (a)   When a request for inspection has been denied in writing in whole or in part by the 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 agency's Appeals Officer. The following person shall hear appeals for denial of access to records under the Freedom of Information Law:

      Rose W. Washington, Commissioner Department of Juvenile Justice 365 Broadway New York, NY 10013 [phone] Ext. 201

   (b)   The time for deciding an appeal by the Appeals Officer shall commence upon receipt of a written appeal identifying:

      (1)   the date of the appeal;

      (2)   the date and location of the request for records;

      (3)   the name of the Records Access Officer who denied the request;

      (4)   the records to which the requester was denied access;

      (5)   the date of the denial;

      (6)   the name and return address of the requester.

   (c)   The Appeals Officer shall transmit to the NYC Law Department and the Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York, 12231, copies of all appeals upon their receipt.

   (d)   The Appeals Officer shall inform the appellant and the Committee on Public Access to Records of her determination in writing within ten business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in subdivision (c) of this section.

   (e)   Determination 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.

§ 1-10 Fees.

   (a)   There shall be no fee charged for:

      (1)   inspection of records;

      (2)   search for records; or

      (3)   any certification pursuant to this part.

   (b)   Copies of records shall be provided for a fee of $.25 per page not exceeding 9 × 15 inches or the actual cost of duplication, if greater. The Records Access Officer shall ensure that the fee is collected or may, at her discretion, waive the fee.

   (c)   Payment for copying shall be made by check or money order payable to the City of New York and shall be made upon delivery of the copies to the person requesting them.

§ 1-11 Public Notice.

A notice containing the title or name and business address of the Records Access Officer and Appeals Officer, and the time and location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept.

§ 1-12 Removal of Records.

In no case shall the agency permit the removal of agency records from agency premises by a requesting party.