FOIL rules and regulations (New York State Department of Taxation and Finance)

Benjamin Lesser filed this request with the New York State Department of Taxation and Finance of New York.
Status
Completed

Communications

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 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,

Benjamin Lesser

From: New York State Department of Taxation and Finance

An acknowledgement letter, stating the request is being processed.

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. 17, 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:

Dear Mr. Lesser,

I hope this email finds you well. Our acknowledgment letter to you
indicated that we would respond by January 22, 2015. We are on target to
meet that date. However, as I informed your colleague on the phone several
days ago, the information you seek can be found in the New York Codes,
Rules, and Regulations (NYCRR) in Title 20 entitled Department of Taxation
and Finance under Chapter 5 entitled Public Access to Records. Chapter 5
has two Parts, Part 2370 entitled Public Access to the Records of the
Department of Taxation and Finance and the State Tax Commission and Part
2371 entitled Access to and Correction or Amendment of Records of the
Department of Taxation and Finance and the State Tax Commission Subject to
the Personal Privacy Protection Law. Each Part is broken down into
subsections. There are 21 subsections in total. The New York State
Government in conjunction with WestlawNext maintains an unofficial version
of the entire New York Regulations online at:

https://govt.westlaw.com/nycrr/index?__lrguid=ib53fa9b3a8674d3fa489a179edeb4202&transitionType=Default&contextData=(sc.Default)

Parts 2370 and 2371 of Chapter 5, can be located at:

https://govt.westlaw.com/nycrr/Browse/Home/NewYork/NewYorkCodesRulesandRegulations?guid=I737e7f80bb0a11ddbc9eb83b015f151b&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

We will respond by January 22, 2015 with a hard copy version of the
aforementioned Parts for your easy reference. If you have any questions,
comments, or concerns, please do not hesitate to contact me.

Thank you so very much for you attention to this matter.

Best Regards,
Frank Nuara

From:
<requests@muckrock.com>
To:
<foil.requests@tax.ny.gov>,
Date:
01/08/2015 05:03 AM
Subject:
RE: Freedom of Information Request: FOIL rules and regulations (New York
State Department of Taxation and Finance)

January 8, 2015
New York State Department of Taxation and Finance
Records Access Office
NYS Department of Taxation and Finance
W.A. Harriman Campus
Bldg 9 Room 100
Albany, NY 12227
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on Dec. 17, 2014. Please let me
know when I can expect to receive a response, or if further clarification
is needed.
Thank you for your help.
---
On Dec. 24, 2014:
An acknowledgement letter, stating the request is being processed.
---
On Dec. 17, 2014:
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 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,
Benjamin Lesser
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 14795
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE the new address as well as the fact that improperly addressed
(i.e., with the requester's name rather than MuckRock News) requests might
be returned by the USPS as undeliverable.

This communication may contain confidential and/or legally privileged
information. It is intended only for the individuals named as recipients.
If you are not an intended recipient you are not authorized to
disseminate, distribute or copy this communication. If you’ve received
this communication by mistake, please notify the sender immediately and
delete or destroy it, as appropriate.

From:

Dear Mr. Lesser,

I hope this email finds you well. Attached please find the New York State
Department of Taxation and Finance's response to your Freedom of
Information Law request. If you have any questions, please do not hesitate
to contact me.

Best Regards,
Frank Nuara

This communication may contain confidential and/or legally privileged
information. It is intended only for the individuals named as recipients.
If you are not an intended recipient you are not authorized to
disseminate, distribute or copy this communication. If you’ve received
this communication by mistake, please notify the sender immediately and
delete or destroy it, as appropriate.

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