Article 36-9

Article 36-9. Denial of access; appeals.

A. Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.

B. If requested records are not provided as required in Article 36-7D of this article, such failure shall also be deemed a denial of access.

C. The following person or persons or body shall hear appeals from denial of access to records under the Freedom of Information Law: the Town Supervisor of the Town of Lockport.

D. The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying: (1) The date of the appeal.

(2) The date and location of the request for records.

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

(4) Whether the denial of access was in writing or due to failure to provide records as required by Article 36-7D.

(5) The name and return address of the requester.

E. The individual or body designated to hear appeals shall inform the requester of his or its decision, in writing, within 10 business days of receipt of an appeal.

F. The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals and ensuing determinations thereon. Such copies shall be addressed to the Committee on Open Government, Department of State, 162 Washington Avenue, Albany, New York 12231.