NEW YORK STATE
INSURANCE DEPARTMENT

FIFTH AMENDMENT TO REGULATION NO. 71
(11 NYCRR 241)

AVAILABILITY OF DEPARTMENT RECORDS

 

I, Gregory V. Serio, Superintendent of Insurance of the State of New York, pursuant to the authority granted by Sections 201 and 301 of the Insurance Law and Article 6 of the Public Officers Law, do hereby promulgate the following Fifth Amendment to Part 241 of Title 11 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Regulation No. 71), to take effect upon publication in the State Register, to read as follows:

(Matter in brackets is deleted; new matter is underlined)

Section 241.1(b) is amended to read as follows:

(b) The Albany and New York City offices of the Bureau of Public Affairs and Research [and Statistics] shall also have conspicuously posted instructions to the public regarding the method of obtaining access to public records, consistent with this Part.

 Section 241.2(a) is amended to read as follows:

(a) Requests for access to records available to the public under the Insurance Law and the Freedom of Information Law shall be made to the records access officers in the office of general counsel in the Albany or New York City office of the department. Such request for access shall be made on a form prescribed by the department for such purpose, which may be obtained from the department's Bureau of Public Affairs and Research [and Statistics] in Albany or in New York City, or from the department’s web site at www.ins.state.ny.us.

 Section 241.5(a) is amended to read as follows:

(a) The fiscal officer of the department, designated pursuant to the Freedom of Information Law, is the director of [insurance] the bureau of taxes and accounts, in the Albany office, (518) 474-8567.

 Section 241.6(b)(3) is amended to read as follows:

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination continuing or terminating such exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on [Public Access to Records] Open Government.

Section 241.6(c)(2) is amended to read as follows:

(2) The appeal shall be determined by the superintendent or [the general counsel] his designee within 10 business days after its receipt. Written notice of the determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on [Public Access to Records] Open Government. The notice shall contain a statement of the reasons for the determination.

I, GREGORY V. SERIO, Superintendent of Insurance of the State of New York, do hereby certify that the foregoing is the Fifth Amendment to Part 241 of Title 11 (Regulation 71), promulgated by me on July 21, 2004, pursuant to the authority granted by Sections 201and 301 of the Insurance Law and Article 6 of the Public Officers Law, to take effect upon publication in the State Register.

Pursuant to the provisions of the State Administrative Procedure, prior notice of the proposed amendment was published in the State Register on April 14, 2004. No other publication or prior notice is required by statute.

________________________________________

Gregory V. Serio
Superintendent of Insurance

Dated: July 21 , 2004