New York Codes, Rules and Regulations, Title 17

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Chapter I Rules Generally

Part 1 Availability Of Department Records

N.Y. Comp. Codes R. & Regs. Tit. 17§ 1.0 Introduction

(a) The Department of Transportation policy. A free society is characterized by government which is responsive and responsible to the public, and a public that is aware of government actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government. The people's right to know the processes of government decisionmaking and the documents and statistics leading to determination is basic in our society. The government is the people's business; and the public, individually and collectively and represented by a free news media, should have unimpaired access to government records. It is, therefore, the policy of the Department of Transportation to make its records an open book in accordance with the provisions of article 6 of the Public Officers Law and of these regulations.

(b) Categories of records to which access may be denied. Under the terms of the Freedom of Information Law, all Department of Transportation records, i.e., any records held or produced with or for this department, are available for inspection and copying, with the reservation that the department may deny access to certain records or parts of records if, and only if:

(1) they are specifically exempted from disclosure by State and Federal statute;

(2) disclosure would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law. This would include employment, medical or credit histories; personal references of applicants for employment; sale or release of list of names and addresses if the lists would be used for commercial or fund raising purposes; information of a personal nature which is not relevant to the department's ordinary work and would result in economic or personal hardship to the person. This would not include records in cases where identifying details are deleted; the person who is the subject of the record consents in writing to its disclosure; or the person who is the subject of the record desires a copy;

(3) disclosure would impair present or imminent contract awards, or collective bargaining negotiations;

(4) they are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise;

(5) they are compiled for law enforcement purposes and which, if disclosed, would:

(i) interfere with law enforcement investigations or judicial proceedings;

(ii) deprive a person to a right of a fair trial or impartial adjudication;

(iii) identify a confidential source or disclose confidential information relating to a criminal investigation; and

(iv) reveal criminal investigative techniques or procedures, except routine techniques and procedures;

(6) disclosure would endanger the life or safety of any person;

(7) they are inter-agency or intra-agency materials which are not:

(i) statistical or factual tabulations or data;

(ii) instructions to staff that affect the public;

(iii) final agency policy or determinations; and

(iv) external audits, including but not limited to audits performed by the comptroller and the Federal government;

(8) they are examination questions or answers which are requested prior to the final administration of such questions; and

(9) they are computer access codes.

N.Y. Comp. Codes R. & Regs. Tit. 17§ 1.1 General

Records of the Department of Transportation available for public inspection and copying, pursuant to the Freedom of Information Law, shall be under the general control of the transportation executive officer.

(a) Requests to purchase material routinely published by the Department of Transportation for sale to the public (listed in section 1.2 of this Part) shall be made to:

Accounting and Fiscal Services Bureau

New York State Department of Transportation

State Campus

1220 Washington Avenue

Albany, NY 12232

(b) Requests to view or obtain copies of other department records shall be made to the records access officer as follows:

For the department's main office:

Director of Business Administration

New York State Department of Transportation

State Campus

1220 Washington Avenue

Albany, NY 12232

(2) For the regional offices and the New York City office: records access officer of the appropriate office (for further details, see section 1.3 of this Part).

(c) Requests to inspect a record setting forth the name, title and salary of any employee of the department shall be made to the records access officers listed in subdivision (b) of this section.

(d) Requests for any employee information beyond the employee's name, title and salary shall be made to:

Assistant Commissioner for Manpower and Employee Relations

New York State Department of Transportation

State Office Campus

1220 Washington Avenue

Albany, NY 12232

N.Y. Comp. Codes R. & Regs. Tit. 17§ 1.3 Copies of and inspection of records

(a) The time to obtain copies of and inspect department records shall be during all hours the department is regularly open for business. A location properly identified by a sign shall be open for the acceptance of inquiries and requests for printed records and material at the following department offices:

(1) Main office.

Building #5, State Office Campus, 1220 Washington Avenue

Albany, N.Y. 12232

Telephone: (518) 457-6445

(2) Region #1.

84 Holland Avenue

Albany, N.Y. 12208

Telephone: (518) 474-6178

(3) Region #2.

Utica State Office Building, 207 Genesee Street

Utica, N.Y. 13501

Telephone: (315) 797-6120

(4) Region #3.

Syracuse State Office Building, 333 E. Washington Street

Syracuse, N.Y. 13202

Telephone: (315) 473-8151

(5) Region #4.

1530 Jefferson Road

Rochester, N.Y. 14623

Telephone: (716) 442-8550

(6) Region #5.

Buffalo State Office Building, 125 Main Street

Buffalo, N.Y. 14203

Telephone: (716) 842-4347

(7) Region #6.

30 West Main Street

Hornell, N.Y. 14843

Telephone: (607) 324-1900

(8) Region #7.

Watertown State Office Building, 317 Washington Street

Watertown, N.Y. 13601

Telephone: (315) 782-0100

(9) Region #8.

4 Burnett Boulevard

Poughkeepsie, N.Y. 12603

Telephone: (914) 454-8000

(10) Region #9.

Binghamton State Office Building, 44 Hawley Street

Binghamton, N.Y. 13901

Telephone: (607) 773-7740

(11) Region #10.

New York State Office Building, Veterans Highway

Hauppauge, N.Y. 11787

Telephone: (516) 979-5103

(12) Office of New York City Affairs.

Two World Trade Center

New York, NY 10048

Telephone: (212) 488-6613

(b) Each designated location will have available for public inspection the current listing by category of department records.

(c) To make an appointment. Written or telephone requests for appointments to inspect records available under the law shall be directed to the following as records access officers of the department:

(1) For main office:

Director of Business Administration

New York State Department of Transportation

State Office Campus, 1220 Washington Avenue

Albany, NY 12232

Telephone: (518) 457-6445

(2) For regional offices or New York City office, to the records access officer at the addresses listed in subdivision (a) of this section.

(d) Records not readily available. Inquiries and requests for records that are to be made available under the law that are not readily available shall be acted upon expeditiously by the department and arrangements promptly made for the inspection and/or copying thereof. Except under extraordinary circumstances, responses to requests shall be made no more than five working days after receipt of the request, written or oral, by the department. If more than five days is required to produce records, the department shall acknowledge receipt of the request within five working days after the request is received, giving a brief explanation of the reason for delay and an estimate of the date that the records or denial will be forthcoming.

(e) Denial of access to records shall be in writing, stating the reason therefor and advising the requestor of his right to appeal as provided in section 1.5 of this Part. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of request, the request may be construed as a denial of access that may be appealed.