Overview
The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access records maintained by government agencies, with certain exceptions.
“Record” means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.
Request Records
Or:
Mail a written request to:
Records Access Officer
Industrial Board of Appeals
Harriman Office Campus
Building 12, Room 136
Albany, New York 12226
Submit a request for records in person:
The Board’s principal office is located in Building 12 on the State Office Campus in Albany, New York. Upon entering the main entrance of the building, please notify Security staff that you would like to request records from the Industrial Board of Appeals. Please note that the Board is NOT part of the Department of Labor, so you must specify that you are seeking Industrial Board of Appeals records. Security staff will contact the Board and a Board staff member will provide assistance. Generally speaking, Board staff must review requested records before they can be released. As a result, responsive records may not be available immediately.
FOIL Process
Within five business days of the receipt of a written request for a record reasonably described, we will send you a letter either: making such record available; denying such request in writing; or furnishing a written acknowledgment of the receipt of such request. If you have not received a letter within five business days, please contact us at (518)474-4785 or [email protected] . An acknowledgment letter will provide you with an estimate of when the records you request will be available, which shall be reasonable under the circumstances of the request. This date is determined by the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors.
If the records you request require a fee to be paid, you will be notified prior to the records being released to you. Unless a different fee is otherwise prescribed by statute, Public Officers Law §87(1) authorizes an agency to charge a fee of 25¢ per copy for copies of records up 9”x 14”, or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only:
- an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record(s) requested;
- the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
- the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy.
Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD, or USB. Records are available for inspection in the Board’s Albany office, by appointment, from 8:30 A.M. to 4:30 P.M. Monday through Friday, excepting legal holidays. You may schedule an appointment for to inspect Board records by calling (518) 474-4785.
Right to Appeal
Under provisions of the Public Officers Law you may appeal a FOIL determination. If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter to:
Chairperson of the Industrial Board of Appeals
Industrial Board of Appeals
Harriman Office Campus
Building 12, Room 136
Albany, New York 12226
You will be informed in writing of the decision within ten business days of our receipt of such an appeal. Please indicate the FOIL Request Number when corresponding on this subject.
Subject Matter List
The following is a current list of records, by subject matter, that are maintained by this agency. Some of the listed records may be exempt from disclosure pursuant to the Freedom of Information Law.
Industrial Board of Appeals FOIL Regulations
73.1 Application.
The provisions of this Part relate to the procedures to be followed by the Industrial Board of Appeals in compliance with chapters 578-580 of the Laws of 1974, entitled “Freedom of Information Law”.
73.2 Location and hours for public access; designation of records access and fiscal officers.
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(b) The records access officer shall be Counsel to the Industrial Board of Appeals. All requests for records pursuant to this Part received by the Board shall be referred to Counsel for disposition.
(c) The Industrial Board of Appeals fiscal officer, for purposes of the Freedom of Information Law, shall be Counsel to the Industrial Board of Appeals.
(d) Requests for information will be considered and inspections will be permitted between the hours of 10 a.m. and 3 p.m., at the Board’s office on all days when such office is open for business.
73.3 Requests for records.
(a) 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 Counsel to the Board at the Board’s Albany office.
(b) Requests for all other information should be made in writing.
(c) Persons appearing in person to request access to records will be required to produce photo identification and complete the prescribed forms.
(d) Requests made orally will not be entertained.
(1) Requests by mail will be processed at the Board’s Albany offices, either by mail or by intradepartmental routing.
(2) 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 request for more information in order that the request may be filled.
73.4 Responses to requests.
(a) (1) The records access officer shall respond promptly to a request for records. Except under extraordinary circumstances, a response shall be made no more than five business days after receipt of the request by the records access officer.
(2) If more than five business days are required to respond to a request, the records access officer shall acknowledge receipt of the request within five business days after the request is received. The acknowledgement shall state the reason for delay, and estimate the date when a reply will be made.
(b) The records access officer shall:
(1) if the request does not clearly identify the records sought, seek additional information from the applicant;
(2) approve the request and authorize inspection of and copying of the record, if available, and certify the correctness of such copy; or
(3) deny the request and state the reason therefor in writing.
(c) 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.
73.5 Fees.
(a) A charge will be made of 25 cents per photocopy of pages not larger than 8 1⁄2 by 14 inches.
(b) Charges for materials or services not specified by statute or regulation shall be based on the actual cost thereof to the Board.
(c) Payment for information services should be made by cash or check or money order, payable to the New York State Department of Labor.
73.6 Industrial Board of Appeals subject matter list.
The Industrial Board of Appeals 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 shall be located in the office of the Industrial Board of Appeals in Albany.
73.7 Denial of access to records.
(a) The denial of access to records shall be in writing, setting forth the reason therefor and advising the requester of the right of appeal and the procedure therefor.
(b) If requested records are not provided promptly, as required by Section 73.4 (b) of this Part, such failure shall also be deemed a denial of access.
(c) Appeals from the denial of access to records shall be heard by the Board or its authorized representative. Appeals shall be decided by resolution of the Board.
(d) The time for deciding an appeal shall commence upon receipt of written appeal identifying:
(1) the name and address of the requester;
(2) the date of the appeal;
(3) the date of the requests for records and the location of the records; and
(4) the records to which the requester was denied access.
(e) The requester shall be informed of the Board’s decision in writing.
(f) A final denial of access to a requested record issued by the Board shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
73.8 Posted Notice.
The Board shall cause to be conspicuously displayed, a notice clearly indicating:
(a) the records access locations, times and officer designated by the Industrial Board of Appeals;
(b) the schedule of applicable fees; and
(c) the right of a requester to appeal a denial of access and an outline of the procedure to be followed.
73.9 Severability.
If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.
Helpful Tips
For more information about FOIL, please visit the New York State Committee on Open Government’s website.