Public Access to Workers' Compensation Board
Records 12 NYCRR Part 425
Statutory authority: Public Officers Law, Arts. 6, 6-A; Workers' Compensation Law, § 117, 141, 142
This Part contains the procedures to be followed by the Workers' Compensation Board in compliance with chapters 578-580 of the Laws of 1974, entitled "Freedom of Information Law."
- The following offices of the Workers' Compensation Board are hereby designated to receive requests for information under the Freedom of Information Law:
- New York City.
State of New York
Workers' Compensation Board
180 Livingston Street
Brooklyn, NY 11248
State of New York
Workers' Compensation Board
100 Broadway - Menands
Albany, NY 12241
- The records access officers shall be: The General Counsel or any attorney designated by the General Counsel in such office or any other employee designated for that specific purpose by the chair.
- Requests for all records pursuant to this Part shall be referred to the Office of the General Counsel for disposition.
- The Workers' Compensation Board fiscal officer for purposes of the Freedom of Information Law, shall be the Director of Finance and Policy who is located at: State of New York, Workers' Compensation Board, 100 Broadway-Menands, Albany, NY 12241.
- Requests for information will be received and inspections permitted between the hours of 9:30 a.m. and 4 p.m., at each location on all days when such location is open for business.
- Requests for payroll information made by bona fide members of the news media upon a form (AC-375) prescribed by the Comptroller of the State of New York shall be referred to the Director of Communications, Information and Education, Workers' Compensation Board, 180 Livingston Street, Brooklyn, NY 11248.
- Requests for all other information should be made on a proper application form (GA-700).
- Persons appearing in person to request access to records will be required to complete a proper application form.
- Requests made orally or in a form other than authorized by this Part will not be entertained.
- Requests by mail will be processed at the location where received either by mail or by intradepartmental routing.
- Such requests will be processed if the requester and material sought are sufficiently identified to make compliance practicable. In the absence of such identification, the board may send to the requester a proper application form for completion in order that the request may be filled.
- The records access officer shall:
- approve the request and authorize inspection of and copying of the record, if available, and certify the correctness of such copy; or
- deny the request and state the reason therefor in writing; or
- if the request does not clearly identify the records sought, seek additional information from the applicant.
- The records access officer shall, in authorizing issuance of copies, direct such omissions and deletions as may be required to protect the personal privacy of individuals in accordance with the requirements of the Freedom of Information Law, or any other applicable law, or regulation.
- A charge will be made of 25 cents per photocopy of pages not larger than 8-1/2 inches by 14 inches.
- Charges for material or services not specified by statute or regulation shall be based on the actual cost thereof to the board.
- Payment for information services should be made by cash or check or money order payable to the "Chairman, Workers' Compensation Board."
The Workers' Compensation Board shall maintain a subject matter list of records required to be disclosed by article 6 of the Public Officers Law and such subject matter list, updated every six months, shall be located in the Office of the General Counsel of the Workers' Compensation Board, 180 Livingston Street, Brooklyn, NY 11248 and in the office of the Assistant Executive Director for Administration of the Workers' Compensation Board, 100 Broadway - Menands, Albany, NY 12241, in a place available for public inspection.
- The administrative head of the board to whom appeals from denial of access may be made is the chairman. The chairman may designate a representative to determine such appeals and to exercise the chairman's powers and duties under subdivision 8 of section 88 of the Public Officers Law, entitled "Freedom of Information Law."
- When a records access officer has denied a request for records in whole or part, the requester may, within 30 days of its receipt, appeal the denial to the chairman or his designated representative. The appeal must be in writing.
- Copies of all appeals, upon receipt by the Workers' Compensation Board, shall be transmitted to the Committee on Open Government.
- The chairman of the Workers' Compensation Board or his designated representative shall act upon the appeal within seven business days of its receipt, and give notice thereof to the appellant and the Committee on Open Government in writing within such period. A denial in whole or in part of a request on appeal shall set forth the reason therefor in writing.
- The final determination referred to in subdivision (d) of this section shall be subject to court review as provided for in article 78 of the Civil Practice Law and Rules.
The board shall cause to be conspicuously displayed, on a bulletin board at each access location, a notice clearly indicating:
- the chairman of the Workers' Compensation Board;
- the records access locations, times and officers designated by the chairman of the Workers' Compensation Board;
- the schedule of applicable fees; and
- the right of a requester to appeal a denial of access and an outline of the procedure to be followed.