(a) The Director of Public Affairs of the Office of Court Administration shall be designated as the records access officer of the Office of Court Administration.

(b) The records access officer shall:

(1) maintain a current list, by subject matter, of all administrative records in the possession of the Office of Court Administration, whether or not available to the public under the Freedom of Information Law;

(2) maintain a list setting forth the name, public office address, title and salary of every officer or employee of the Office of Court Administration; and

(3) respond on behalf of the Office of Court Administration to public requests for access to its records.

(c) The business address of the records access officer is: Records Access Officer, Office of Court Administration, 25 Beaver Street, New York, NY 10004; (212) 428-2116.

(d) The Chief Administrator of the Courts may authorize other officers or employees of the Office of Court Administration to perform any of the duties of records access officer as set forth in this Part.

Historical Note
Sec. filed July 12, 1985; amd. filed Oct. 5, 2001 eff. Sept. 26, 2001. Amended (a), (c), added (d).

A reasonably detailed list, by subject matter, of all records in the possession of the Office of Court Administration, whether or not the records are subject to public inspection and copying pursuant to the Freedom of Information Law, shall be available for public inspection and copying at the business office of the records access officer. The subject matter list shall be updated not less than twice per year, and the date of the most recent revision shall be indicated on the first page of the list.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

A list setting forth the name, public office address, title and salary of every officer or employee of the Office of Court Administration shall be available for public inspection and copying at the business office of the records access officer.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

(a) A person wishing to inspect or copy a record contained within the subject matter list shall file a written application with the records access officer, which shall reasonably describe the record sought. The application shall contain all available data concerning date, title, file designation, department or unit within the Office of Court Administration, and any other information that may help identify the record. If the information supplied by the applicant is not sufficiently detailed to enable the records access officer to determine whether or not the Office of Court Administration maintains the record, the records access officer shall so notify the applicant and may request further identifying information.

(b) A written request shall not be required for materials, such as civil service examination announcements and informational brochures, which customarily have been made available by the Office of Court Administration to the public in the regular course of business, and for any other material which the records access officer deems to be proper to release without a written request.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

(a) The records access officer shall, within five business days of the receipt of a request for access to a record, provide written notification to the applicant:

(1) approving the request and authorizing inspection and copying of the record;

(2) denying the request in whole or in part, indicating the reason for the denial and advising the applicant of his right to appeal such denial; or

(3) acknowledging receipt of the request and providing the applicant with a statement of the approximate date on which the request will be approved or denied.

(b) Except as provided in paragraph (a)(3) of this section, failure to either approve, deny or acknowledge receipt within 10 business days of receipt of a request may be construed as a denial of the request and may be appealed.

(c) If the record cannot be located, the records access officer shall certify to the applicant that:

(1) the Office of Court Administration does not maintain the record; or

(2) the Office of Court Administration does maintain the record but, after diligent search, it cannot be found.

Historical Note
Sec. filed July 12, 1985; amd. filed Oct. 5, 2001 eff. Sept. 26, 2001. Amended (a)(3).

Where a request for inspection or copying of a record is approved, the following provisions shall apply:

(a) Location. The record shall be made available for inspection and copying at a location specified by the records access officer, which may include the business office of the records access officer or the office where the record is normally maintained. No record shall be removed, by any person granted access to it, from any office of the Office of Court Administration without the express written consent of the records access officer.

(b) Hours for inspection and copying. The record shall be made available for inspection and copying at a time specified by the records access officer on any regular business day between the hours of 9:30 a.m. and 5 p.m.

(c) Photocopies of records. Upon request by the applicant, the records access officer shall certify the correctness of any photocopy made from a record of the Office of Court Administration. If, at the request of the applicant, only part of a record is photocopied, a statement to that effect shall be clearly marked on the first page of the photocopy.

(d) Transcripts of records. If a record cannot be photocopied, the applicant may request that a transcript of it be made by the Office of Court Administration. The transcript may, in the discretion of the records access officer, be either typewritten or handwritten.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

(a) Except as otherwise provided by statute:

(1) the fee for photocopies of records shall be 25 cents per page for photocopies not exceeding 9 inches by 14 inches;

(2) the fee for photocopies of records exceeding 9 inches by 14 inches shall be the actual copying cost, which shall be the average unit cost for photocopying a record, excluding fixed costs such as operator salaries;

(3) if a transcript of a record has been made by the Office of Court Administration at the request of the applicant pursuant to section 124.7 of this Part, the applicant may be charged for the clerical time and personal expenses involved in producing the transcript.

(b) All fees authorized herein shall be paid in advance by check or money order payable to the Office of Court Administration.

(c) There shall be no fee for:

(1) searching for a record;

(2) inspection of a record;

(3) certification of a photocopy of a record;

(4) certification that a record cannot be located; or

(5) photocopying five or fewer pages of a record, not exceeding 9 inches by 14 inches.

Historical Note
Sec. filed July 12, 1985 eff. July 1, 1985.

Section 124.9 Appeals.

(a) The Chief Administrator of the Courts or his designee shall be the appeals officer. The business address of the appeals officer is: Office of Court Administration, 25 Beaver Street, New York, NY 10004.

(b) An applicant whose request to inspect or copy a record has been denied may, within 30 days of that denial, appeal that determination in writing to the appeals officer at his business address.

(c) The appeal shall set forth:

(1) the name and return address of the applicant;

(2) the date upon which the request for inspection or copying of the record was made;

(3) the record to which the applicant was denied access; and

(4) whether there was a written denial of the request and, if there was, the date upon which the request was denied and the reason for the denial.

(d) Upon receipt of an appeal made in compliance with this section, the appeals officer shall review the denial of the request for inspection or copying of the record. Within 10 business days of receipt of an appeal, the appellant shall be notified in writing of the determination of the appeals officer and the reasons therefor.

(e) A copy of every appeal and the determination thereon shall be transmitted to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, NY 12231.

Historical Note
Sec. filed July 12, 1985; amd. filed Oct. 5, 2001 eff. Sept. 26, 2001. Amended (a).