FOIL rules and regulations (New York Department of State, Division of Consumer Protection)

Benjamin Lesser filed this request with the New York Department of State, Division of Consumer Protection of New York.


From: Benjamin Lesser

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:

A copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law.

According to New York PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(b):

"Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the committee on open government in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to:

i. the times and places such records are available;
ii. the persons from whom such records may be obtained; and
iii. the fees for copies of records."

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, 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.


Benjamin Lesser


To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 30, 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: Wilbard, Helen (DOS)

January 21, 2015

Mr. Benjamin Lesser
MuckRock News
Dept MR 14818
PO Box 55819
Boston, MA 02205-5819

Dear Mr. Lesser:

This is in regard to your December 17, 2014 Freedom of Information Law (FOIL) inquiry in which you seek:

"a copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law."

Because we were able to retrieve or produce the documents in electronic format, the records are being sent to you at no charge.

If you believe that you have not been provided all documents responsive to your request, you have the right to appeal by writing to Daniel E. Shapiro, NYS Department of State, One Commerce Plaza 11th Floor, 99 Washington Avenue, Albany, New York 12231-0001, within thirty (30) calendar days of the date of this correspondence.


Helen Wilbard

Helen Wilbard
Assistant Records Access Officer