N.J. Admin. Code § 10A:71-2.1

Current through Register Vol. 56, No. 9, May 6, 2024
Section 10A:71-2.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Access" shall mean granting a requester the opportunity to inspect, examine or obtain a copy of a government record.

"Anonymous" shall mean a requester of records who does not provide their name or provides only an e-mail address.

"Custodian" or "custodian of records" shall mean the employee of the Board designated by the Chairperson to administer the provisions of the Open Public Records Act, 47:1A-1 et seq.

"Fee" shall mean any amount due including the cost of copies of government records, special service charge, service charge and postage.

"Government record" or "record" shall mean any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of the Board's official business by any employee or member of the Board, or that has been received in the course of the Board's official business by any employee or member of the Board. The terms shall not include inter-agency or intra-agency advisory, consultative or deliberative material.

"Medium" shall mean the generic form in which a government record is maintained; that is, paper, computerized form or microfilm. With respect to records in computerized form, the medium is related to the type of device on which the record is stored, for example, diskette, hard-drive, storage tape, etc.

"Special charge" shall mean a charge to the requester in addition to the cost of duplicating records that are converted from one medium to another that is reasonable and based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service that is actually incurred by the Board or attributable to the Board for the programming, clerical and supervisory assistance required, or both.

"Special service charge" shall mean a charge to a requester that is reasonable and based upon the actual direct cost of providing the copy or copies of records, or access to inspect or examine records.

N.J. Admin. Code § 10A:71-2.1

New Rule, R.2012 d.033, effective 2/6/2012.
See: 43 N.J.R. 2144(b), 44 N.J.R. 270(a).
Former N.J.A.C. 10A:71-2.1, Confidentiality of information and records, was recodified to N.J.A.C. 10A:71-2.2.