NYCRR TITLE 8 - EDUCATION

§92.1 New York State Library

(a) Use of library materials at the State Library. All adults may use the resources of the State Library onsite for reference purposes during the hours that the library is open to the public.

(b) Borrowers. The following may borrow any circulating library material, provided that they comply with the provisions of this section:

(1) Official. Members of the Legislature, Regents of the university, judges of the Court of Appeals, justices of the Supreme Court, and heads of State departments, commissions and institutions. Permanently appointed State employees may borrow such material for use in connection with their official duties under either of the following conditions:

(i) through a library established by a State department or agency, or a library representative designated by the head of a department or agency; or

(ii) to an individual upon registration with the library; registration will be granted upon certification, by a supervisor at the bureau chief level or above, that an individual is currently a permanent employee of a State agency and requires library materials in connection with official duties.

(2) Professional. Licensed physicians and duly admitted attorneys, who are residents of New York State, may borrow materials needed in connection with professional duties.

(3) Institutional. All institutions in the university, registered or accredited by the Regents, and institutions maintained by Federal, State and local governments, and such other libraries as may be so designated by the assistant commissioner for libraries, may borrow from the State Library through library systems or other access points so designated by the assistant commissioner for libraries.

(4) Individual. Individuals may have access to the collections of the State Library through the institutions listed in paragraph (3) of this subdivision.

(5) Special permission. Individuals or agencies that do not have access to library services through the means described above may be granted permission to borrow from the State Library, for a limited period, at the discretion of the assistant commissioner for libraries.

(c) Loans. Loans from the State Library are limited to library materials not to be had in local libraries or library systems.

(1) Lending period. The ordinary loan period is four weeks, with renewal privilege for two weeks.

(2) Renewal. A single renewal for a period of two weeks may be secured. However, prior reservation by another patron will take precedence over renewal.

(3) Recall. All library materials are subject to recall at any time and, when recalled, must be returned at once.

(4) Library materials not returned. Any library materials not returned within one week after notice may be sent for at the expense of the borrower, and if not returned within one month may be considered lost and the borrower required to pay replacement and processing costs.

(5) Penalties. Violation of the provisions of this subdivision may result in suspension of loan privileges for six months. Persistent violation of the provisions of this subdivision shall result in permanent suspension of loan privileges.

(6) Reserves. Library materials, except those which are deemed restricted under this Part, may be reserved. When reserved material becomes available, the requesting library or individual will be so notified. Reserved material will not be held longer than a week after date of notification.

(d) Interlibrary loans to libraries outside New York State. Materials not readily available elsewhere and requested for purposes of scholarship and research will be lent when possible to libraries in other states. The assistant commissioner for libraries may enter into reciprocal borrowing arrangements with other libraries or groups of libraries.

(e) Restricted materials. Restricted materials shall include:

(1) reference books or books in great demand at the State Library, which are lent only under conditions specified by the library;

(2) periodicals and newspapers, bound and unbound, which are not available for loan, although photocopies or microfilm may be provided under conditions specified by the library;

(3) manuscripts and books of exceptional rarity or value, which may be used only in the library;

(4) genealogies and local histories, which will be lent only when the library owns duplicate copies;

(5) materials of such fragility, rarity, size or other consideration as to be unsuitable for use outside of the building. The assistant commissioner for libraries may establish terms and conditions for the loan of other materials in special collections of the library.

(f) Loan of manuscripts and archives. Manuscripts and archival materials which are in the custody of the State Library may be loaned to local historical associations, museums, libraries or other responsible educational organizations upon terms and conditions set forth in an agreement between the department, acting through the assistant commissioner for libraries, and the organization requesting the loan, except that loans of the following shall be subject to approval by the Regents:

Journal of the Albany Congress of 1754 (Albany Plan of Union)

Autographs of Signers of Declaration of Independence - Special Collection

Washington Relics, as Authorized to be Purchased for the State Library, Chapter 715, Laws of 1871, and Listed in the Annual Report of the Library for 1873

President Lincoln's First Emancipation Proclamation, September 22, 1862 - Original Draft

Statutory authority: Education Law, § 207, 249

Last reviewed: March 15, 2010

Last Updated: March 25, 2010 -- asm