N.J. Admin. Code § 14:1-12.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:1-12.3 - Procedure for making a confidentiality claim

(a) Any person or entity required to submit or who does submit to the Board information pursuant to Titles 48 and 52 of the New Jersey Statutes or Title 14 of the New Jersey Administrative Code, which such person believes in good faith to constitute confidential information, may assert a confidentiality claim by following the procedures set forth in this subchapter.

(b) A claimant shall submit, to the custodian, a confidential copy and a preliminary public copy, as those terms are defined at N.J.A.C. 14:1-12.2, of the entire record containing asserted confidential information. The preliminary public copy shall carry a notation, in a form to be developed by the custodian, stating that confidential information has been redacted or deleted. The custodian may disclose the preliminary public copy to any person, without restriction or limitation.

(c) The claimant shall label the first page of the confidential copy "CONFIDENTIAL COPY." At the top of each page of the confidential copy which contains information that the claimant asserts is confidential, the claimant shall place a boldface heading reading "CONFIDENTIAL." The claimant shall clearly underscore or highlight all information in the confidential copy which the claimant asserts to be confidential.

(d) If the claimant sends a physical copy of the information claimed to be confidential to the Board, the claimant shall seal the confidential copy in an envelope displaying the word "CONFIDENTIAL" in bold type or stamp on both sides.

1. This envelope shall be enclosed in another envelope for transmittal to the custodian. The outer envelope shall bear no markings indicating the confidential nature of the contents.

2. The claimant shall send the package containing the confidential copy to the custodian by certified mail, return receipt requested, or by other means providing receipt for delivery.

(e) If the information claimed to be confidential is electronically filed, the claimant shall include the word "CONFIDENTIAL" in the file name of the submitted document. The claimant shall request that the custodian verify by email confirmation that the submission has been received.

(f) The claimant shall include in the package or electronic submission, a written designation of a person to receive notices and other communications. The designation shall include the information required pursuant to N.J.A.C. 14:1-12.4.

(g) The claimant shall include in the package or electronic submission, substantiation of the confidentiality claim as described at N.J.A.C. 14:1-12.8.

N.J. Admin. Code § 14:1-12.3

Amended by R.2008 d.79, effective 4/7/2008.
See: 39 N.J.R. 4551(a), 40 N.J.R. 1917(a).
In (b), substituted "the entire" for "any".

Amended by 55 N.J.R. 393(a), effective 3/6/2023