N.J. Admin. Code § 5:105-2.1

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

Section 5:105-2.1 - General provisions

(a) Any requestor who is denied access, in whole or in part, to a government record by a custodian, at the option of the requestor, may file a complaint with the Council pursuant to N.J.S.A. 47:1A-6. Such filing shall be made within 60-calendar days or, if the last day of the period is a Saturday, Sunday, or legal holiday, within the next business day, pursuant to N.J.A.C. 1:1-1.4, after the requestor receives a response from the custodian that grants or denies access or, if the custodian does not respond within seven business days of the request, within 60-calendar days following the expiration of such seven-business-day period, whichever is later, unless accompanied by a motion to file within time, showing good cause.

(b) The right to institute a proceeding before the Council shall solely be the right of the requestor pursuant to N.J.S.A. 47:1A-6 of the Act.

(c) The Council will handle complaints in a summary or expedited manner pursuant to N.J.S.A. 47:1A-6 of the Act.

(d) Upon receipt of a complaint, the Council will first determine whether any portion of the complaint is outside its jurisdiction, frivolous, or without factual basis. If the complaint falls within any of said categories, the Council shall reduce its determinations to writing and transmit a copy thereof to the complainant and to the custodian against whom the complaint was filed pursuant to N.J.S.A. 47:1A-7.e.

(e) If the Council concludes that the complaint is within its jurisdiction and is neither frivolous nor without factual basis, the Council shall proceed with the adjudication process.

(f) At the request of the Council, any party shall produce documents and legal certifications to the facts and/or arguments presented with respect to matters before the Council pursuant to N.J.S.A. 47:1A-7.c.

(g) Discovery shall be limited to the submissions of the parties submitted to the Council.

(h) In response to the complaint before it, the Council may raise issues and defenses pertaining to that complaint on a sua sponte basis if it deems such action appropriate or necessary and if said action on behalf of the Council would be in the interest of furthering the provisions and intent of the Act.

(i) The Council shall not charge any party a fee in regard to actions filed with or proceedings before the Council pursuant to N.J.S.A. 47:1A-7.f.

(j) Council votes adjudicating a complaint shall be rendered at open public meetings of the Council. Parties, their representatives, or other persons are not permitted to make oral or written presentations to the Council regarding the complaint at the meetings unless requested by the Council to do so.

N.J. Admin. Code § 5:105-2.1

Amended by 54 N.J.R. 2081(a), effective 11/7/2022