N.J. Admin. Code § 16:1A-4.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:1A-4.3 - Exempt records

(a) The following Department records shall be exempt from public access:

1. Future construction projects in terms of specific amounts or locations;

2. Any information provided to the Department by construction or professional services contractors for the purposes of becoming prequalified or classified;

3. Research and tests required in the development of highway materials, design and construction;

4. Consultants' draft and final reports, Department draft and final preliminary planning and engineering studies and assessment prior to disclosure at public hearings;

5. Preliminary aircraft accident investigative reports;

6. Reports and records of aeronautical surveillance or investigation;

7. Personnel and pension records, with the exception of the following information:

i. An individual's name, title, position, salary, payroll record, length of service in the instrumentality of government and in the government, date of separation from government service and the reason for the separation and the amount and type of pension he or she is receiving; and

ii. Data contained in information, which disclose conformity with specific experimental, educational or medical qualifications required for government employment or for receipt of a public pension, but in no event shall detailed medical or psychological information be released;

8. Police and driver reports of accidents on file with the Bureau of Accident Records;

9. All records that are part of any work papers, memoranda or reports that are made, maintained or kept by the Office of the Inspector General in the Department of Transportation;

10. Bridge Survey Reports;

11. Research documents pertaining to ongoing studies for the operational areas of the Department prior to disclosure to the public;

12. Audit reports performed by Department personnel or outside agency personnel for the Department;

13. Bridge and structural records and plans relating to the Interstate Highway System, including all State roads;

14. Work papers, memoranda reports, plans, or other records that are made, maintained, or kept as part of any investigation by the Department into a matter involving any potential violation of civil or criminal law;

15. Work papers, memoranda or reports that are determined by the Department to be a draft or work in progress;

16. For the preservation of the "attorney-client privilege," all records that are part of any case file maintained by a Deputy Attorney General acting for the Department;

17. Appraisal review analyses; and

18. Estimates, appraisals and costs of acquiring right-of-way prior to the completion of a project, unless the requestor is a party to a Departmental eminent domain proceeding, in which case, disclosure of the records is subject to the provisions of the Eminent Domain Act, N.J.S.A. 20:3-1 et seq., and New Jersey Court Rules, R. 4:73-11.

N.J. Admin. Code § 16:1A-4.3

Amended by 47 N.J.R. 498(a), effective 2/17/2015