N.J. Admin. Code § 5:105-2.4

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

Section 5:105-2.4 - Custodian document submissions to the Council

(a) Custodians shall submit a completed and signed statement of information (SOI) on the form required at (c) below to the Council and the complainant simultaneously that details the custodians' position for each complaint filed with the Council in all instances for which mediation is declined, mediation is not accepted by either party, or in which mediation is accepted but through which the parties do not fully resolve the issues presented. The custodian shall sign the completed SOI even if it is completed by their legal representative.

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

(c) SOIs shall be submitted on the Council's SOI form through either U.S. mail, facsimile, or email. A courtesy copy of SOIs exceeding 50 pages shall be submitted to the GRC at 101 South Broad Street, PO Box 819, Trenton, NJ 08625.

(d) SOI forms shall be provided by Council's staff and may be downloaded from the GRC website (www.nj.gov/grc).

(e) The custodian shall include in the SOI, or the attachments thereto, any information, defenses, and arguments that they wish to bring to the Council's attention for consideration in the adjudication of the complaint. The custodian may also include with the SOI any affidavits, certifications, or documentation deemed appropriate or supportive of the defenses set forth in the SOI.

(f) Upon retention, an attorney representing a custodian 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 custodian to be pro se. The Government Records Council will only communicate with the custodian until receipt of the letter of representation.

(g) Custodians shall submit a completed and signed SOI for each complaint to the Council's staff and the complainant not later than 10 business days from the date of receipt of the SOI form from the Council's staff. Custodians must sign the SOI. The Council will not accept additional submissions from the custodian, beyond what is permitted pursuant to this chapter, unless the Executive Director orders the same or offers express approval for the same. Failure to comply with this time period may result in the complaint being adjudicated based solely on the submissions of the complainant.

(h) A custodian's failure to submit a completed and signed SOI, and to serve the complainant with the SOI, may result in the Council's issuing a decision in favor of the complainant.

(i) The Council shall provide the complainant with copies of the completed and signed SOI if the custodian fails to do so.

(j) If a complainant amends their complaint, the custodian shall have five business days from the date of receipt of the same to submit their position regarding the complaint amendment with the Council. The Council will not accept additional submissions beyond said time period, unless the Executive Director orders the same or offers their express approval for the same. Failure to comply with this time period may result in the case being adjudicated based solely on the submissions of the complainant.

(k) Parties submitting objections to another party's representative shall adhere to the process set forth at N.J.A.C. 5:105-2.3(h).

(l) A party may respond to any challenge to its representative within five business days of receipt of the challenge.

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

(n) Upon receipt of the custodian's SOI, the complainant shall have five business days to file a reply. Upon receipt of the same, the custodian shall have three business days to file a sur-reply. Except as provided at (j), (k), (l), or (m) above, no further submissions shall be filed or accepted.

N.J. Admin. Code § 5:105-2.4

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