N.J. Admin. Code § 3A:50-2.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 3A:50-2.7 - Public access to Office of Licensing records

(a) The Office of Licensing shall make its adoption agency certification files available for examination during regular business hours by any person and shall supervise any person examining its files on the adoption agency.

(b) The Office of Licensing shall make the following items in the files open to public review:

1. Applications for certificates and related materials documentation;

2. Copies of certificates;

3. Correspondence between the Office of Licensing and the agency or other parties in matters pertaining to the Office's review, inspection or certification of the agency;

4. Program evaluation, inspection, and violation reports where applicable, reflecting results of Office of Licensing inspections and reinspections of the agency;

5. Forms and other standard documents used to collect routine data on the agency and its program as part of its record of compliance with the Manual of Requirements;

6. Enforcement letters from the Office of Licensing requiring abatement of violations of the Manual of Requirements;

7. Correspondence to the adoption agency from the Attorney General;

8. Chronological lists of events about the agency on compliance and/or enforcement matters;

9. Completed complaint investigation reports, except for child abuse or neglect investigations or other information that cannot be legally disclosed to the public; and

10. Any other documents, materials, reports, and correspondence that would normally be included as part of the public record.

(c) The Office of Licensing shall keep confidential and not part of the public record the following:

1. Records, reports, or correspondence that pertain to child abuse and/or neglect investigations involving children placed or supervised by the agency that are restricted from public access under the requirements of the state's child abuse and neglect laws;

2. Records, reports, correspondence, or forms containing names and/or any other identifying information pertaining to children, birth parent(s), or adoptive parent(s) that are restricted from public access under the sealed records requirements of N.J.S.A. 9:3-37 et seq.;

3. Confidential information with regard to specific agency personnel;

4. Any items that deal with reports of complaint investigations that are still in progress;

5. Memoranda and other internal correspondence between and among public agencies, including internal communication between the Department and the Attorney General, except as otherwise provided by law; and

6. Other material required by law to be maintained as confidential.

N.J. Admin. Code § 3A:50-2.7

Amended by R.1992 d.514, effective 12/21/1992.
See: 24 N.J.R. 3500(a), 24 N.J.R. 4552(a).
Stylistic changes.
Administrative Correction.
See: 25 N.J.R. 2591(a).
Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
Section was "Public access to Bureau records". In (a), the introductory paragraph of (b), (b)3, (b)4 and (b)6, substituted "Office of Licensing" for "Bureau" throughout; in (b)2, deleted "temporary and regular" preceding "certificates"; in (b)3 and (b)4, deleted a comma following "inspection"; in (b)3, substituted "Office's" for "Bureau's"; in (c)5, substituted "Department" for "Division"; and in (d), substituted "Office of Licensing" for the first occurrence of "Bureau" and the first occurrence of "Office" for "Bureau office".
Amended by R.2016 d.052, effective 6/6/2016.
See: 47 N.J.R. 3078(a), 48 N.J.R. 103(a), 48 N.J.R. 965(a).
In (b)4, inserted a comma following "inspection", and substituted "and/or" for "and"; rewrote (b)9; in (b)10, substituted ", and/or" for "and"; in (c)1, substituted "state's child abuse and neglect laws" for "Child Abuse and Neglect Law"; in (c)2, substituted "N.J.S.A. 9:3-37 et seq." for "the State Adoption Law"; and deleted (d).