N.J. Admin. Code § 5:105-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:105-2.3 - Complainant document submissions to the Council

(a) The complainant submitting a completed denial of access complaint on the form required pursuant to (c) below to the Council and custodian initiates the complaint process.

(b) All submissions must be in writing. The Council shall not consider ex parte communications from any party.

(c) Complaints shall be submitted on the Council's denial of access complaint form either through U.S. mail, facsimile, email, or through the Council's online interface. However, a courtesy copy of complaints exceeding 50 pages shall be submitted to the GRC at 101 South Broad Street, PO Box 819, Trenton, NJ 08625.

(d) Complaint forms may be obtained from the Council's staff or downloaded from the Council's website (www.nj.gov/grc).

(e) The complainant shall include in the complaint or the attachments thereto any information, issues, and arguments that the complainant wishes to bring to the Council's attention for consideration in the adjudication of the complaint. The complaint may also include any attachments, affidavits, certifications, or other documentation deemed relevant or supportive of the allegations set forth in the complaint.

(f) Upon retention, an attorney representing a complainant in a matter before the Council shall submit to the Council a letter of representation. Failure to submit this letter will result in the Council considering the complainant to be pro se. The Government Records Council will only communicate with the complainant until receipt of the letter of representation.

(g) A complainant may amend their complaint as a matter of right within 30 business days after the filing of the initial complaint. Such amendments must be submitted, in writing, to the Council with copies served simultaneously on all parties.

1. Additional amendments or supplements to a complaint submitted beyond the 30-business-day amendment period shall only be accepted for consideration in the adjudication of a complaint when such acceptance is authorized by the Executive Director.

(h) Objections to a party's representative by another party, and a party's response thereto, to the complaint must be in writing, presented to the Council, served on all parties, and include:

1. The Council's case reference name and number;

2. Clear identification of the representative in question; and

3. A detailed explanation of the reasons for the objections, or conversely the response to such objections.

(i) The Council, acting through its Executive Director, may require complainants to submit, within stipulated time limits, additional information deemed necessary for the Council to adjudicate the complaint.

(j) The Council shall determine whether a complaint may proceed with the complainant remaining anonymous. To remain anonymous, the complainant must first make a clear and convincing showing that compelling circumstances exist such that:

1. There is a genuine risk of physical harm;

2. The complaint will entail revelation of highly personal and private information;

3. The very relief sought would be defeated by revealing the complainant's identity; or

4. Other substantial reasons why identification of the party would be improper.

(k) If the Council determines that the complainant has demonstrated compelling circumstances pursuant to (j) above, the Council shall then weigh the complainant's privacy interests against the public interest. If the complainant does not meet the burden of showing why they should proceed anonymously, the Council shall notify the complainant of the decision by administrative order. The Council shall dismiss the complaint unless the complainant submits a written statement expressing his or her willingness to proceed on a non-anonymous basis to the Executive Director within 30 days of receiving the Council's decision.

(l) All complaints, including authorized anonymous complaints, shall include the complainant's name, address, telephone number or fax number, and email address, if available.

N.J. Admin. Code § 5:105-2.3

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