THE INDUSTRIAL BOARD OF APPEALS

RULES OF PROCEDURE AND PRACTICE

Title 12 of the New York State Official Compilation of Codes Rules and Regulations, Chapter 1, Subchapter B, Part 73.PART 73

PUBLIC ACCESS TO INDUSTRIAL BOARD OF APPEALS RECORDS (Statutory authority: Public Officers Law, art. 6; Labor Law, 101)

Section § 73.1 Application.

The provisions of this Part relate to the procedures to be followed by the Industrial Board of Appeals in compliance with chapters 578-580 of the Laws of 1974, entitled "Freedom of Information Law".

§ 73.2 Location and Hours for Public Access; Designation of Records Access and Fiscal Officers.

§ 73.3 Requests for Records.

    (a)    Requests for payroll information made by bona fide members of the news media upon a form (AC-375) prescribed by the Comptroller of the State of New York shall be referred to Counsel to the Board at the Board's Albany office.(b)    Requests for all other information should be made in writing.(c)    Persons appearing in person to request access to records will be required to produce photo identification and complete the prescribed forms.(d)    Requests made orally will not be entertained.

    (e)     (1) Requests by mail will be processed at the Board's Albany offices, either by mail or by intradepartmental routing.

            (2) Such requests will be processed if the requester and material sought are sufficiently identified to make compliance practicable. In the absence of such identification, the Board may send to the requester a request for more information in order that the request may be filed.

§ 73.4 Responses to Requests.

§ 73.5 Fees.

    (a)    A charge will be made of 25 cents per photocopy of pages not larger than 81/2 by 14 inches.

    (b)    Charges for materials or services not specified by statute or regulation shall be based on the actual cost thereof to the Board.

    (c)    Payment for information services should be made by cash or check or money order, payable to the New York State Department of Labor.

§ 73.6 Industrial Board of Appeals subject matter list.

The Industrial Board of Appeals shall maintain a subject matter list of records required to be disclosed by Article 6 of the Public Officers Law, and such subject matter list shall be located in the offices of the Industrial Board of Appeals in Albany.

§ 73.7 Denial of Access to Records.

    (a)     The denial of access to records shall be in writing, setting forth the reason therefor and advising the requester of the right of appeal and the procedure therefor.

    (b)    If requested records are not provided promptly, as required by Section 73.4 of this Part, such failure shall also be deemed a denial of access.

    (c)     Appeals from the denial of access to records shall be heard by the Board or its authorized representative. Appeals shall be decided by Resolution of the Board.

    (d)    The time for deciding an appeal shall commence upon receipt of written appeal identifying:

      (1)    The name and address of the requester;

      (2)    The date of the appeal;

      (3)    The date of the requests for records and the location of the records; and

      (4)    The records to which the requester was denied access.

    (e)     The requester shall be informed of the Board's decision in writing.

    (f)      A final denial of access to a requested record issued by the Board shall be subject to court review, as provided for in article 78 of the Civil Practice Law and Rules.

§ 73.8 Posted Notice.

    The Board shall cause to be conspicuously displayed, at each access location, a notice clearly indicating:

    (a)    the records access locations, times and officer designated by the Industrial Board of Appeals;

    (b)    the schedule of applicable fees; and

    (c)    the right of a requester to appeal a denial of access and an outline of the procedure to be followed.

§ 73.9 Severability.

If any provision of this Part 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 Part or the application thereof to other persons and circumstances.

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