N.J. Admin. Code § 5:105-2.2

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

Section 5:105-2.2 - Parties to a complaint

(a) The complainant and custodian shall always be parties to a complaint and, along with their legal representatives, shall be notified of all decisions or orders issued by the Council concerning a complaint. If a party secures representation following submission of a denial of access complaint, the party must notify the Council and all other parties immediately. The representatives of any party named in a complaint shall file with the Council a letter of representation and a copy of same shall be served upon all parties at the same time the Council receives the notification.

(b) At the Executive Director's discretion, the Government Records Council may entertain an application for a party to intervene in a pending complaint consistent with the following:

1. Upon timely application, any person not initially a party who has a statutory right to intervene or who will be substantially, specifically, and directly affected by the outcome of a contested case may, on motion, seek leave to intervene;

2. Parties must file any objections to the movant's application within 10 business days following receipt of the application;

3. In ruling upon a motion to intervene, the Council shall take into consideration the nature and extent of the movant's interest in the outcome of the case, whether the movant's interest is sufficiently different from that of any party, so as to add measurably and constructively to the scope of the case, the prospect of confusion or undue delay arising from the movant's inclusion, and other appropriate matters;

4. The Council will notify the parties of the acceptance or rejection of movant's application through an administrative order or interim order; and

5. Persons permitted to intervene shall have all the rights and obligations of a party to the proceeding.

(c) Notwithstanding (b)3 above, persons statutorily permitted to intervene shall be granted intervention.

N.J. Admin. Code § 5:105-2.2

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