N.J. Admin. Code § 17:34-4.1

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

Section 17:34-4.1 - Circumstances in which direct cost criterion or self-copy fees may apply, and associated request procedures

(a) Through DORES, the filing officer may grant bulk access for the direct cost of reproduction, including special programming costs, under the following circumstances:

1. Non-profit usage. The direct cost criterion may be applied in cases where a bona-fide nonprofit organization seeks to use commercial recording records/reports on a non-recurring basis, for a purpose directly associated with its organizational mission. DORES may request any documentation needed to establish the nonprofit status of the requester, including, but not limited to, documentation regarding corporate status, 501c(3) status, and compliance with charities registration. The requester must also satisfactorily describe the intended uses for the requested records/reports and certify that the uses relate directly to the organization's nonprofit purpose.

i. Nonprofits seeking bulk access must follow the procedures set forth at N.J.A.C. 17:34-3 and add a written statement to their requests indicating that they wish to obtain the requested records/reports for a nonrecurring nonprofit purpose. DORES may require the requester provide additional documentation to establish the requester's nonprofit credentials and/or to determine nature of the intended use of the requested records/reports.

ii. If the request is granted, DORES and the requester shall complete the bulk access process in accordance with the procedures set forth at N.J.A.C. 17:34-3.2, except that the direct cost of reproduction shall be substituted for the fee amount.

iii. (No change.)

2. Limited informational lists on the Internet. The direct cost criterion may be applied in cases where DORES provides limited informational list services on the Internet as a convenience to the general public and business community. Such list services may be basic abstracts of commercial recording records on file with DORES and may be drawn from secondary information sources such as duplicate computer files established for Internet information access services. The procedures for accessing informational lists shall be set forth on the applicable Internet site.

(b) On-site self-copying. To facilitate the implementation of New Jersey's revised Uniform Commercial Code bulk copying provisions (N.J.S.A. 12A:9-523(f)), DORES may allow a requester to copy Uniform Commercial Code records at DORES' work site using his or her own equipment and personnel. Self-copying will only be allowed if such operations pose no risks of disrupting DORES' routine services or of compromising the security or integrity of the State's commercial recording record systems. DORES shall, at its sole discretion, determine whether any requested self-copying operation poses an unacceptable risk to service levels or system security/integrity. DORES shall publish bulk self-copying fees in accordance with the procedures set forth at N.J.A.C. 17:34-2.1.

1. Persons requesting on-site self-copying must follow the procedures set forth at N.J.A.C. 17:34-3 and add a written statement to their requests indicating that they wish to perform on-site self-copying. DORES may require the requester provide additional documentation to determine the nature and scope of the requested self-copying operation.

i. If the request is granted, DORES and the requester shall complete the bulk access process in accordance with the procedures set forth at N.J.A.C. 17:34-3.2.

ii. If the request is denied, the requester may obtain access for the statutory fee amount.

N.J. Admin. Code § 17:34-4.1

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