FOIL rules and regulations (Department of Health and Mental Hygiene)

Benjamin Lesser filed this request with the Department of Health and Mental Hygiene of New York City, NY.
Tracking # 2014FR03581
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: Chari Anhouse

Dear Mr. Lesser:

Please be advised that Freedom of Information Law rules were adopted that apply to all City agencies. They are at Chapter 1 of Title 43 of the Rules of the City of New York are accessible at the following link: http://rules.cityofnewyork.us/codified-rules?agency=MAYOR. Certain provisions of the Rules, such as Section 1-05(d), specifying a 10-day determination period, have been rendered invalid by case law [Legal Aid Society v. New York City Police Dept., 274 A.D.2d 207 (1st Dept.); Lecker v. New York City Board of Education, 157 A.D.2d 486 (1st Dept.)].

Thank you,
Chari Anhouse
Associate General Counsel/Records Access Officer
NYC Department of Health & Mental Hygiene
General Counsel's Office
42-09 28th Street, CN-31
Long Island City, NY 11101
347-396-6419

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