S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7933--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public officers law, in relation to creating special
   proceedings for freedom of  information  law  and  open  meetings  law
   reviews
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public officers law is amended by adding a new  article
 9 to read as follows:
                                 ARTICLE 9
            SPECIAL PROCEEDINGS FOR FREEDOM OF INFORMATION LAW
                       AND OPEN MEETINGS LAW REVIEWS
 SECTION 120. DEFINITIONS.
         121. PROCEDURE TO REVIEW FREEDOM OF INFORMATION LAW REQUESTS AND
                OPEN MEETINGS LAW REQUIREMENTS.
         122. APPOINTMENT OF HEARING OFFICERS.
         123. HEARING PROCEDURES.
         124. DECISION  OF  PETITION  FOR  FREEDOM OF INFORMATION LAW AND
                OPEN MEETINGS LAW REVIEW.
         125. DETERMINATION NOT PRECEDENT.
         126. WAIVER OF OTHER REMEDIES AND RIGHT TO JUDICIAL REVIEW.
         127. RULES OF PRACTICE AND PROCEDURE.
   § 120. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION EIGHTY-
 SIX OF THIS CHAPTER, AND SHALL APPLY TO  ALL  ENTITIES  SUBJECT  TO  THE
 PROVISIONS OF THE FREEDOM OF INFORMATION LAW.
   2.  "FREEDOM OF INFORMATION LAW" SHALL MEAN THE LAWS UNDER ARTICLE SIX
 OF THIS CHAPTER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11908-03-3
              

 A. 7933--A                          2
 
   3. "HEARING OFFICER" SHALL MEAN A HEARING OFFICER  APPOINTED  PURSUANT
 TO  SECTION  ONE  HUNDRED  TWENTY-TWO OF THIS ARTICLE, AND SHALL INCLUDE
 JUDICIAL HEARING OFFICERS.
   4. "OPEN MEETINGS LAW" SHALL MEAN THE LAWS UNDER ARTICLE SEVEN OF THIS
 CHAPTER.
   5.  "PUBLIC BODY" SHALL HAVE THE SAME MEANING AS DEFINED UNDER SECTION
 ONE HUNDRED TWO OF THIS CHAPTER, AND SHALL APPLY TO ALL ENTITIES SUBJECT
 TO THE PROVISIONS OF THE OPEN MEETINGS LAW.
   § 121. PROCEDURE TO REVIEW FREEDOM OF  INFORMATION  LAW  REQUESTS  AND
 OPEN MEETINGS LAW REQUIREMENTS. 1. THE CHIEF ADMINISTRATOR OF THE COURTS
 SHALL  ESTABLISH  A  "FREEDOM  OF  INFORMATION LAW AND OPEN MEETINGS LAW
 REVIEW PROGRAM" IN THE SUPREME COURT.
   2. AN INDIVIDUAL WHO HAS MADE A REQUEST UNDER THE FREEDOM OF  INFORMA-
 TION  LAW  AND  IS CLAIMING TO BE AGGRIEVED BY A FAILURE OF AN AGENCY TO
 APPROPRIATELY FULFILL SUCH REQUEST MAY FILE A PETITION FOR REVIEW PURSU-
 ANT TO THIS ARTICLE PROVIDED THAT SUCH INDIVIDUAL SHALL HAVE FIRST FILED
 AN ADMINISTRATIVE APPEAL OF THEIR FREEDOM  OF  INFORMATION  LAW  REQUEST
 PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION EIGHTY-NINE OF
 THIS CHAPTER.
   3. AN INDIVIDUAL CLAIMING A VIOLATION OF THE  OPEN  MEETINGS  LAW  MAY
 FILE  A  PETITION FOR REVIEW PURSUANT TO THIS ARTICLE PROVIDED THAT SUCH
 INDIVIDUAL SHALL HAVE FIRST FILED A REQUEST  FOR  AN  OPINION  REGARDING
 THEIR CLAIM WITH THE NEW YORK STATE COMMITTEE ON OPEN GOVERNMENT.
   4.  UPON  DETERMINING  A FREEDOM OF INFORMATION LAW APPEAL PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION EIGHTY-NINE OF  THIS  CHAP-
 TER,  THE APPROPRIATE AGENCY SHALL INFORM THE FREEDOM OF INFORMATION LAW
 REQUESTOR IN WRITING OF THEIR RIGHT TO COURT REVIEW UNDER  THIS  ARTICLE
 WITH  THEIR  APPEAL  DETERMINATION  AND  WHERE COURT REVIEW FORMS MAY BE
 OBTAINED. EACH AGENCY SHALL ALSO IN THEIR APPEAL  DETERMINATIONS  NOTIFY
 SUCH  REQUESTORS OF THEIR RIGHT TO FILE A PROCEEDING PURSUANT TO ARTICLE
 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES,  WITHIN  ONE  HUNDRED
 TWENTY  DAYS  OF  THE  APPEAL DETERMINATION. THE PETITION FORM FOR COURT
 REVIEW SHALL BE PROVIDED TO SUCH REQUESTORS, UPON REQUEST, AT NO COST IN
 ACCORDANCE WITH THE RULES PROMULGATED PURSUANT TO  SECTION  ONE  HUNDRED
 TWENTY-SEVEN OF THIS ARTICLE.
   5. THE PETITION FOR REVIEW PURSUANT TO THIS ARTICLE SHALL BE FILED FOR
 FREEDOM  OF  INFORMATION LAW REVIEWS WITHIN THIRTY DAYS AFTER THE AGENCY
 APPEAL DETERMINATION REFERENCED IN SUBDIVISION FOUR OF THIS SECTION,  OR
 IF  NO  RESPONSE  WAS  RECEIVED TO THE REQUESTOR'S APPEAL, WITHIN THIRTY
 DAYS OF THE AGENCY APPEAL REQUEST BEING MADE. THE  PETITION  FOR  REVIEW
 PURSUANT  TO  THIS  ARTICLE SHALL BE FILED FOR OPEN MEETINGS LAW REVIEWS
 WITHIN THIRTY DAYS AFTER THE  NEW  YORK  COMMITTEE  ON  OPEN  GOVERNMENT
 ISSUES   AN   OPINION  OR  THE  PUBLIC  BODY'S  RESPONSE  REGARDING  THE
 PETITIONER'S CLAIM, OR IF NO RESPONSE WAS RECEIVED, WITHIN  THIRTY  DAYS
 OF  THE  COMMITTEE  ON  OPEN  GOVERNMENT/PUBLIC BODY REQUEST BEING MADE.
 FAILURE TO FILE  THE  PETITION  WITHIN  SUCH  TIME  SHALL  CONSTITUTE  A
 COMPLETE  DEFENSE TO THE PETITION AND THE PETITION SHALL BE DISMISSED. A
 FEE OF FIFTY DOLLARS SHALL BE PAID UPON FILING OF EACH  PETITION,  WHICH
 SHALL  BE  THE  SOLE  FEE  REQUIRED FOR PETITIONS FILED PURSUANT TO THIS
 ARTICLE. THE COUNTY CLERK OF EACH COUNTY OUTSIDE THE CITY  OF  NEW  YORK
 SHALL RETAIN TEN DOLLARS OF EACH FILING FEE AND SHALL PAY THE BALANCE OF
 EACH  FEE TO THE OFFICE OF COURT ADMINISTRATION AS PROVIDED IN PARAGRAPH
 (E) OF SUBDIVISION TWO OF SECTION THIRTY-NINE OF THE JUDICIARY LAW.
   6. THE PETITION FORM FOR FREEDOM OF INFORMATION LAW AND OPEN  MEETINGS
 LAW  REVIEW  SHALL  BE  PRESCRIBED BY THE OFFICE OF COURT ADMINISTRATION
 AFTER CONSULTATION WITH THE NEW YORK COMMITTEE ON OPEN GOVERNMENT.  SUCH
 A. 7933--A                          3
 
 FORM  SHALL  REQUIRE  THE  PETITIONER  TO  SET FORTH THEIR NAME, MAILING
 ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS, THE NAME OF THE AGENCY THE
 FREEDOM OF INFORMATION LAW REQUEST WAS MADE  TO,  OR  THE  NAME  OF  THE
 PUBLIC  BODY  ALLEGED  TO HAVE VIOLATED THE OPEN MEETINGS LAW, A CONCISE
 STATEMENT OF THE GROUND OR GROUNDS UPON WHICH REVIEW IS SOUGHT  AND  ANY
 SUCH  OTHER INFORMATION AS MAY BE REQUIRED BY THE OFFICE OF COURT ADMIN-
 ISTRATION.
   7. NO PETITION FOR FREEDOM OF INFORMATION LAW  OR  OPEN  MEETINGS  LAW
 REVIEW SHALL RELATE TO MORE THAN ONE REQUEST.
   8. THE PETITION MAY BE MADE BY A PERSON WHO HAS KNOWLEDGE OF THE FACTS
 STATED THEREIN AND WHO IS AUTHORIZED IN WRITING BY THE REQUESTOR TO FILE
 SUCH  PETITION.  SUCH WRITTEN AUTHORIZATION SHALL BE MADE A PART OF SUCH
 PETITION.
   9. COMMENCEMENT OF A PROCEEDING UNDER THIS ARTICLE SHALL NOT STAY  THE
 REQUIREMENTS  FOR FILING A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES.
   10. THE PETITIONER SHALL MAIL A COPY OF THE PETITION WITHIN FIVE  DAYS
 FROM  THE  DATE  OF  FILING  WITH  THE CLERK OF THE SUPREME COURT TO THE
 RECORDS ACCESS OFFICER OF THE AGENCY OR PUBLIC BODY NAMED IN  THE  PETI-
 TION,  OR IF THERE IS NO SUCH OFFICER, THEN TO THE HEAD, CHIEF EXECUTIVE
 OR GOVERNING BODY OF SUCH ENTITY. IN THE EVENT THAT SERVICE IS  MADE  BY
 PERSONAL  DELIVERY,  THE  RECORDS  ACCESS  OFFICER  OR OTHER APPROPRIATE
 PERSON SHALL PROVIDE A RECEIPT FOR SUCH SERVICE TO THE PETITIONER  STAT-
 ING THE DATE AND TIME OF SERVICE.
   §  122. APPOINTMENT OF HEARING OFFICERS. 1. THE CHIEF ADMINISTRATOR OF
 THE COURTS SHALL APPOINT A  PANEL  OF  HEARING  OFFICERS  SELECTED  FROM
 PERSONS  REQUESTING  TO  SERVE  AS  SUCH HEARING OFFICERS WHO SHALL HAVE
 SUBMITTED RESUMES OF QUALIFICATIONS. HEARING OFFICERS TO BE APPOINTED TO
 THE PANEL SHALL BE QUALIFIED BY TRAINING, INTEREST, EXPERIENCE,  TEMPER-
 AMENT  AND  KNOWLEDGE  OF NEW YORK'S FREEDOM OF INFORMATION LAW AND OPEN
 MEETINGS LAW BUT NEED NOT BE ATTORNEYS. THE CHIEF ADMINISTRATOR  OF  THE
 COURT  SHALL  RANDOMLY  ASSIGN A HEARING OFFICER OR HEARING OFFICERS, OR
 MAY ASSIGN A JUDICIAL HEARING OFFICER  DESIGNATED  PURSUANT  TO  ARTICLE
 TWENTY-TWO  OF  THE JUDICIARY LAW, TO CONDUCT AN INFORMAL HEARING ON THE
 PETITION FOR REVIEW WITH THE APPLICANTS  AND  A  REPRESENTATIVE  OF  THE
 AGENCY  WHICH MADE THE DETERMINATION SOUGHT TO BE REVIEWED OR THE PUBLIC
 BODY FOR WHICH AN OPEN MEETINGS LAW VIOLATION HAS BEEN ALLEGED.  HEARING
 OFFICERS ASSIGNED SHALL NOT POSSESS ANY CONFLICT OF INTEREST WITH REGARD
 TO  THE  PETITIONS TO BE HEARD. HEARING OFFICERS SHALL BE COMPENSATED AT
 LEAST ONE HUNDRED DOLLARS PER HEARING FOR THEIR SERVICES  IN  ACCORDANCE
 WITH  A FEE SCHEDULE TO BE ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE
 COURTS.
   2. A HEARING OFFICER SHALL DISQUALIFY HIMSELF OR HERSELF FROM A  HEAR-
 ING  WHERE  SUCH  OFFICER POSSESSES A CONFLICT OF INTEREST. SUCH HEARING
 OFFICER SHALL ALSO DISQUALIFY HIMSELF OR HERSELF FROM  A  HEARING  WHERE
 SUCH  HEARING OFFICER HAS A DIRECT OR INDIRECT INTEREST IN ANY AGENCY OR
 PUBLIC BODY FOR WHICH A PETITION HAS BEEN FILED OR A DIRECT OR  INDIRECT
 INTEREST  WITH A PETITIONER. FOR THE PURPOSES OF THIS ARTICLE, A HEARING
 OFFICER SHALL BE DEEMED TO HAVE A DIRECT OR  INDIRECT  INTEREST  IN  ANY
 AGENCY  OR  PUBLIC  BODY  FOR  WHICH A PETITION HAS BEEN FILED OR WITH A
 PETITIONER, WHEN THE HEARING OFFICER, SPOUSE, REGISTERED DOMESTIC  PART-
 NER, ANY OF HIS OR HER CHILDREN, MOTHER, FATHER, BROTHER, OR SISTER:
   (A)  HAS  AN INTEREST IN ANY CONTRACT WITH THE AGENCY, PUBLIC BODY, OR
 PETITIONER;
   (B) IS EMPLOYED BY THE AGENCY, PUBLIC BODY, OR PETITIONER; OR
 A. 7933--A                          4
 
   (C) SERVES ON THE BOARD OF DIRECTORS OF THE AGENCY OR  IS  AN  ELECTED
 OFFICIAL OF THE PUBLIC BODY.
   3. WHERE A HEARING OFFICER DISQUALIFIES HIMSELF OR HERSELF, SUCH HEAR-
 ING  OFFICER SHALL NOTIFY THE CHIEF ADMINISTRATOR OF THE COURT WHO SHALL
 REASSIGN THE CASE TO ANOTHER HEARING OFFICER.
   § 123. HEARING PROCEDURES. 1. HEARINGS UNDER  THIS  ARTICLE  SHALL  BE
 HELD  WITHIN  FORTY-FIVE  DAYS OF THE FILING OF A PETITION. IN THE EVENT
 ALL SUCH HEARINGS CANNOT BE HELD WITHIN FORTY-FIVE DAYS, HEARINGS MAY BE
 HELD AT A LATER DATE IN ACCORDANCE WITH THE RULES  PROMULGATED  PURSUANT
 TO SECTION ONE HUNDRED TWENTY-SEVEN OF THIS ARTICLE. SUCH HEARING, WHERE
 PRACTICABLE,  SHALL BE HELD VIRTUALLY/REMOTELY VIA VIDEO CONFERENCING OR
 TELEPHONE CONFERENCING. IF FOR ANY REASON IT IS NOT POSSIBLE TO  CONDUCT
 A  HEARING VIRTUALLY/REMOTELY THEN THE HEARING SHALL OCCUR AT A LOCATION
 WITHIN THE COUNTY IN WHICH THE PETITIONER RESIDES. A HYBRID HEARING  MAY
 BE  HELD  WHERE  SOME  PARTIES  INCLUDING  THE HEARING OFFICER APPEAR IN
 PERSON AND OTHERS APPEAR REMOTELY/VIRTUALLY. THE PETITIONER  AND  AGENCY
 OR  PUBLIC  BODY  SHALL  BE ADVISED BY MAIL AND/OR EMAIL OF THE TIME AND
 PLACE OF SUCH HEARING AND HOW TO  APPEAR  ELECTRONICALLY  VIA  VIDEO  OR
 TELEPHONE  AT  LEAST TEN BUSINESS DAYS PRIOR TO THE DATE OF THE HEARING;
 PROVIDED, HOWEVER, THAT FAILURE TO RECEIVE  SUCH  NOTICE  IN  SUCH  TIME
 PERIOD  SHALL  NOT  BAR  THE HOLDING OF A HEARING.   HEARINGS UNDER THIS
 ARTICLE SHALL BE OPEN TO THE PUBLIC AND ANYONE SHALL HAVE THE  RIGHT  TO
 CREATE AN AUDIO-VISUAL RECORDING OF SUCH HEARING.
   2.  THE  PETITIONER  SHALL NOT BE REQUIRED TO PRESENT EXPERT WITNESSES
 NOR BE REPRESENTED BY AN ATTORNEY  AT  SUCH  HEARING.  SUCH  PROCEEDINGS
 SHALL BE CONDUCTED ON AN INFORMAL BASIS IN SUCH MANNER AS TO DO SUBSTAN-
 TIAL  JUSTICE  BETWEEN THE PARTIES. THE PETITIONER SHALL NOT BE BOUND BY
 STATUTORY PROVISIONS  OR  RULES  OF  PRACTICE,  PROCEDURE,  PLEADING  OR
 EVIDENCE.  ALL STATEMENTS AND PRESENTATION OF EVIDENCE MADE AT THE HEAR-
 ING BY EITHER PARTY SHALL BE MADE OR PRESENTED TO  THE  HEARING  OFFICER
 WHO  SHALL ASSURE THAT DECORUM IS MAINTAINED AT THE HEARING. THE HEARING
 OFFICER SHALL CONSIDER THE BEST EVIDENCE PRESENTED  IN  EACH  PARTICULAR
 CASE.  SUCH  EVIDENCE  MAY  INCLUDE,  BUT  SHALL  NOT BE LIMITED TO, THE
 REQUEST MADE AND RESPONSE PROVIDED THERETO. THE AGENCY  OR  PUBLIC  BODY
 SHALL  HAVE  THE  BURDEN OF PROVING WHY THE INFORMATION SOUGHT IS EXEMPT
 FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW OR  MADE  AVAILABLE
 AS  REQUIRED BY THE OPEN MEETINGS LAW, AND IF FEES ARE BEING CHARGED THE
 BURDEN OF PROVING WHY SUCH FEES ARE PROPER.
   3. ALL PARTIES SHALL BE REQUIRED TO APPEAR AT THE HEARING IN PERSON OR
 IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION.  FAILURE  TO  APPEAR
 SHALL  RESULT IN THE PETITION BEING DETERMINED UPON INQUEST BY THE HEAR-
 ING OFFICER BASED UPON THE AVAILABLE EVIDENCE SUBMITTED.
   4. THE HEARING OFFICER SHALL DETERMINE ALL QUESTIONS OF FACT  AND  LAW
 DE NOVO.
   §  124.  DECISION  OF PETITION FOR FREEDOM OF INFORMATION LAW AND OPEN
 MEETINGS LAW REVIEW. 1. THE HEARING OFFICER SHALL  MAKE  A  DECISION  IN
 WRITING WITH RESPECT TO THE PETITION WITHIN THIRTY DAYS AFTER CONCLUSION
 OF  THE  HEARING  CONDUCTED  WITH RESPECT THERETO. THE HEARING OFFICER'S
 DECISION MAY GRANT THE PETITION IN FULL OR IN PART OR MAY DENY THE PETI-
 TION. THE HEARING OFFICER MAY AWARD THE  PETITIONER  COSTS  AGAINST  THE
 RESPONDENT AGENCY OR PUBLIC BODY IN AN AMOUNT NOT TO EXCEED THE FEE PAID
 BY  THE  PETITIONER  TO FILE THE PETITION FOR REVIEW. IN UNUSUAL CIRCUM-
 STANCES, THE HEARING OFFICER MAY EXTEND THE  THIRTY-DAY  TIME  LIMIT  BY
 SENDING  WRITTEN NOTICE TO THE PETITIONING PARTY AND A COPY TO THE DENY-
 ING AGENCY OR PUBLIC BODY, SETTING FORTH THE REASONS FOR THE  EXTENSION,
 AND  THE  DAY  ON WHICH A DECISION IS EXPECTED TO BE ISSUED, WHICH SHALL
 A. 7933--A                          5
 
 NOT EXCEED AN ADDITIONAL THIRTY DAYS. AS USED IN THIS SECTION, THE  TERM
 "UNUSUAL  CIRCUMSTANCES"  SHALL  MEAN, BUT ONLY TO THE EXTENT REASONABLY
 NECESSARY TO THE PROPER RESOLUTION OF A PETITION: (A) THE NEED TO OBTAIN
 ADDITIONAL  DOCUMENTATION  FROM  THE  AGENCY  AND  A COPY OF THE RECORDS
 INVOLVED; OR (B) THE NEED TO CONDUCT EXTENSIVE  RESEARCH  ON  ISSUES  OF
 FIRST IMPRESSION.
   2.  IF  THE  HEARING OFFICER DETERMINES FROM THE PETITION AND UPON THE
 EVIDENCE PRESENTED AT THE HEARING THAT THE DETERMINATION BY  THE  AGENCY
 OR PUBLIC BODY BEING REVIEWED TO WITHHOLD INFORMATION IS IMPROPER OR THE
 FEES  BEING  SOUGHT ARE EXCESSIVE, HE OR SHE SHALL ORDER A CORRECTION OF
 THE DECISION MADE IN WHOLE OR IN PART, IN SUCH MANNER  AS  SHALL  BE  IN
 ACCORDANCE WITH LAW.
   3. IF THE HEARING OFFICER DETERMINES THAT THE PETITIONER DID NOT QUAL-
 IFY  FOR REVIEW PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THIS ARTI-
 CLE, THE PETITION SHALL BE DENIED WITHOUT PREJUDICE AND THE  PETITIONER,
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  SHALL  BE PERMITTED TO
 COMMENCE A PROCEEDING PURSUANT TO ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE  LAW AND RULES WITH THE UNDERSTANDING THAT THE STATUTE OF LIMI-
 TATIONS FOR SUCH A PROCEEDING SHALL NOT BE  TOLLED  BY  PETITIONS  FILED
 UNDER THIS ARTICLE.
   4.  THE  DECISION  OF  THE HEARING OFFICER SHALL STATE THE FINDINGS OF
 FACT AND THE EVIDENCE UPON WHICH IT IS BASED. SUCH  DECISIONS  SHALL  BE
 ATTACHED  TO AND MADE PART OF THE PETITION FOR REVIEW AND SHALL BE DATED
 AND SIGNED. WHERE THE DECISION OF THE HEARING  OFFICER  DETERMINES  THAT
 THE  PETITIONER  DID  NOT  QUALIFY  FOR  REVIEW  PURSUANT TO SECTION ONE
 HUNDRED TWENTY-ONE OF THIS ARTICLE, A NOTICE SHALL BE ATTACHED  TO  SUCH
 DECISION  STATING  THAT THE PETITIONER MAY SEEK JUDICIAL REVIEW OF THEIR
 FREEDOM OF INFORMATION LAW REQUEST PURSUANT TO ARTICLE SEVENTY-EIGHT  OF
 THE  CIVIL  PRACTICE  LAW  AND  RULES, AND THAT THE LAST DAY TO FILE FOR
 JUDICIAL REVIEW IS ONE HUNDRED TWENTY DAYS AFTER HAVING BEEN SERVED WITH
 A COPY OF SUCH DECISION. WHERE  THE  DECISION  OF  THE  HEARING  OFFICER
 DETERMINES  THAT  THE  PETITION  IS GRANTED IN FULL OR IN PART, A NOTICE
 SHALL BE ATTACHED TO SUCH DECISION STATING THAT THE DETERMINATION OF THE
 FREEDOM OF INFORMATION LAW REQUEST SHALL BE CHANGED IN  COMPLIANCE  WITH
 SUCH  DECISION AND THAT SUCH CHANGE SHALL BE FOLLOWED BY NAME, TELEPHONE
 NUMBER AND/OR ADDRESS OF THE AGENCY.
   5. THE HEARING OFFICER SHALL PROMPTLY TRANSMIT  THE  DECISION  TO  THE
 CLERK  OF  THE COURT, WHO SHALL FILE AND ENTER IT IN ACCORDANCE WITH THE
 RULES PROMULGATED PURSUANT TO SECTION ONE HUNDRED TWENTY-SEVEN  OF  THIS
 ARTICLE.
   6.  THE  HEARING OFFICER SHALL PROMPTLY MAIL A COPY OF THE DECISION TO
 THE PETITIONER, THE AGENCY OR PUBLIC BODY NAMED IN THE PETITION.
   § 125. DETERMINATION NOT PRECEDENT. NO TRANSCRIPT OF  TESTIMONY  SHALL
 BE  MADE  OF  A  HEARING  HELD UNDER THIS ARTICLE. THE HEARING OFFICER'S
 DECISION OF A PETITION UNDER THIS ARTICLE SHALL NOT CONSTITUTE PRECEDENT
 FOR ANY PURPOSE OR PROCEEDING INVOLVING THE PARTIES OR ANY OTHER  PERSON
 OR PERSONS.
   §  126. WAIVER OF OTHER REMEDIES AND RIGHT TO JUDICIAL REVIEW. A PETI-
 TIONER TO AN ACTION PURSUANT TO THIS ARTICLE MAY  SEEK  JUDICIAL  REVIEW
 PURSUANT  TO  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES,
 PROVIDED THAT SUCH REVIEW SHALL BE MAINTAINED AGAINST THE  SAME  PARTIES
 NAMED IN THE FREEDOM OF INFORMATION LAW OR OPEN MEETINGS LAW PETITION.
   § 127. RULES OF PRACTICE AND PROCEDURE. THE CHIEF ADMINISTRATOR OF THE
 COURTS SHALL ADOPT SUCH RULES OF PRACTICE AND PROCEDURE, CONSISTENT WITH
 THIS  ARTICLE,  AS MAY BE NECESSARY TO IMPLEMENT THE FREEDOM OF INFORMA-
 TION LAW AND OPEN MEETINGS LAW REVIEW PROCEDURE ESTABLISHED  UNDER  THIS
 A. 7933--A                          6
 
 ARTICLE. SUCH RULES SHALL PROVIDE FOR THE SCHEDULING OF EVENING HEARINGS
 WHERE  PRACTICABLE,  THE  AVAILABILITY OF PETITION FORMS, AND THE PROCE-
 DURES FOR THE FILING OF DECISION RENDERED BY HEARING  OFFICERS  PURSUANT
 TO THE PROVISIONS OF THIS ARTICLE.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.