FOIL request for copy of OPD / NY Veterinary Board annual report
| Submitted | Dec. 15, 2014 |
| Est. Completion | None |
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Communications
From: Holli Stone
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
The director of the Office of Professional Discipline or that officer's designee shall submit a report by April first of each year on the status of cases investigated during the previous year, as well as on the disposition of any criminal or civil matters processed through the office, to the chairman of the State Board for each of the professions supervised by the Board of Regents, I hereby request a copy of this report for the NY State veterinary board for the years 2008 through 2013.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Holli Stone
From: FOIL
Dear Ms. Stone:
This is to acknowledge receipt of your Freedom of Information Law (FOIL) request for State Education Department (SED) records regarding the NY State veterinary board report on the status of cases investigated during the previous year, as well as on the disposition of any criminal or civil matters processed through the office for the years 2008 through 2013. Please be advised that you will hear further from the Department by approximately 1/21/14 as to whether your request will be granted or denied in whole or in part.
SED charges the statutorily permitted fee of $.25 per page for duplication of records requested under FOIL (Public Officers Law §87[1][b][iii]). There is no provision in law or regulation requiring the waiver of this fee. Payment must be made to the NYS Education Department by check or money order. Do not send any payment until you are notified that your request is granted and informed of the charge for your request. If your request is for electronic records and your requested is granted, the records will be provided to you in that format.
If your request is granted one of the following will happen:
1. If your request can be filled immediately, and the total duplication fee is under $25.00, staff will forward the requested records to you with a statement of what you owe for the duplication fee. Or:
2. If the total duplication fee for your request is $25.00 or more (100 pages), you will be advised of the page count and duplication fee owed in advance of duplicating the records. Upon receipt of payment, staff will duplicate and mail the requested records. Or:
3. If it will take time to locate and/or duplicate the records you have requested, you will be given a date by which you will be told the page count and duplication fee for your request.
Regards,
Chris Halpin
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~WRD000
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 15, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 15, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 15, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Holli Stone
Dear Acting Commissioner Berlin,
On 12/15/14 I requested the following FOIL information, "The director of the Office of Professional Discipline or that officer's designee shall submit a report by April first of each year on the status of cases investigated during the previous year, as well as on the disposition of any criminal or civil matters processed through the office, to the chairman of the State Board for each of the professions supervised by the Board of Regents, I hereby request a copy of this report for the NY State veterinary board for the years 2008 through 2013.
The receipt of my request was acknowledged within five business days, with the following message, "Please be advised that you will hear further from the Department by approximately 1/21/14 as to whether your request will be granted or denied in whole or in part." A follow up was sent on 1/6/15, 1/21/15 and again on 2/5/15, and I have received no response.
The §89(3)(a) of the Freedom of Information Law states in part that, "… if circumstances prevent disclosure to the person requesting the record or records within twenty business days from the date of the acknowledgement of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.”
As of today, 2/10/15, more than 20 business days after acknowledgement of my request, no response has been given. Consequently, I consider the request to have been denied, and I am appealing on that basis.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.
Sincerely,
Holli Stone