N.J. Admin. Code § 17:34-3.2

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

Section 17:34-3.2 - Request format and process

(a) Bulk access requests must clearly reference the line item from the applicable DORES bulk access fee schedule, the type of record/report involved and the selection criteria (for example, filing date range or filing range number), the medium on which the records/reports should be returned to the requester, and a return address. If the bulk request relates to a record/report format not currently listed on a bulk access fee schedule, the request must reference the record system involved and the specific type of information required, along with suggested selection criteria and output media designation.

(b) Upon receipt of a bulk access request, DORES shall determine whether the request meets the criterion for bulk access (500 records/reports or more) and then determine the total cost of the request based on the volume of records/reports associated with the selection criteria and applicable per record/report fee. If the request is for records/reports not listed on an existing bulk fee schedule, DORES will assess the informational content of the request, determine which existing access fee applies, and then calculate the total cost of the request. The filing officer must concur with the DORES' fee determination before work on the request may proceed.

(c) For requests that meet the bulk access criterion and that can be output to the requested medium, DORES will write back to the requester indicating the total cost and estimated time frame for providing the requested records/reports. The requester may submit, via a method of delivery listed in this subchapter, a written authorization to proceed to DORES, along with payment of the fee amount by one of the methods listed in this subchapter. Alternately, the requester may submit a modified access request by adjusting the selection criteria. Upon receipt of authorization and payment in full for a bulk request, DORES will produce the requested records/reports and send them to the requester (to the requester's specified address), on the specified media.

(d) For requests that do not meet the bulk access criterion or that are otherwise not feasible to process due to technical limitations associated with output media or filing office processing capabilities, DORES will advise the requester in writing, and specify the reasons that the bulk request cannot be fulfilled. In the same communication, DORES shall advise the requester of any alternative methods for obtaining the requested records/reports.

(e) DORES will add new line items to its bulk access fee schedules each time a new bulk request is fulfilled in accordance with the procedures set forth at N.J.A.C. 17:34-2.1.

(f) Bulk access requesters may pay for bulk access services by the following methods:

1. Checks. Personal, cashiers, or certified checks, presented in electronic or paper form, made payable to the "Treasurer, State of New Jersey," are acceptable.

i. Restrictions on the use of cashier's checks or certified checks. The DORES may from time to time disallow the use of specific banks and financial institutions. Restrictions in this area must be for cause and such shall be communicated to the affected drawer and the drawer's bank or financial institution.

ii. Restrictions on the use of personal checks. DORES may require a requester to use cashier's checks or certified checks in place of personal checks. Restrictions in this area must be for cause and such shall be communicated to the affected party.

iii. When a credit card or electronic payment method acceptable to the Filing Office is utilized as a method of payment, the user may be charged a separate fee to cover reasonable service fees that are incurred in processing the credit card or electronic payment.

2. Credit card: The DORES accepts credit card payments from VISA, Master Card, Discover, and American Express. Requesters shall provide the DORES with the card number, the expiration date of the card, the name of the approved card issuer, the name of the person or entity to whom the card is issued, and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed to the DORES that payment will be forthcoming.

(g) The process outlined in this subchapter can be instituted on an ongoing basis such that DORES provides periodic bulk updates to reflect changes (additions and modifications) to the various commercial recording record systems.

N.J. Admin. Code § 17:34-3.2

Amended by 48 N.J.R. 1699(a), effective 8/15/2016