N.J. Admin. Code § 3A:71-10.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3A:71-10.2 - Exemption determination

(a) The Director's decision to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided pursuant to N.J.A.C. 3A:71-10.1. The decision shall be rendered within 20 days receipt of the public agency's request for exemption.

(b) If the Director determines that a public agency has a bona fide statutory requirement for the use of a program participant's actual address information and that the actual address information will be used only for those statutory purposes, the Director may issue a written exemption determination to the public agency.

(c) A decision granting the request for exemption shall include:

1. A statement as to the public agency's obligation to maintain the confidentiality of a program participant's address information;

2. Limitations on use and access to that address information;

3. The term during which the exemption is authorized for the public agency where the public agency is making procedural changes that would allow it to accept the substitute address;

4. Designation of the record format on which the address information may be maintained; and

5. Designation of an address information disposition date after which the public agency may no longer maintain a record of the address information.

(d) A Director's denial of a public agency's exemption request shall be made, in writing, and include a statement of the specific reasons for the denial. When a program participant requests use of the substitute address in a record, and the public agency has received an exemption determination for that record, the public agency shall immediately provide a copy of the Director's written decision to the program participant. The public agency shall notify the ACP's program manager of the applicant's request for use of the substitute address and its decision to deny the request.

N.J. Admin. Code § 3A:71-10.2

Administrative Change, 49 N.J.R. 98a.

Amended by 56 N.J.R. 1019(a), effective 6/3/2024