N.J. Admin. Code § 5:105-2.7

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

Section 5:105-2.7 - Council complaint deliberations - hearing

(a) If the Council is unable to make a determination as to the accessibility of a record based upon the complaint and the custodian's response thereto, the Council may conduct a hearing, pursuant to 47:1A-7.e, and in conformity with the rules provided for administrative hearings by a public agency in contested cases pursuant to the Administrative Procedures Act, 52:14B-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1, insofar as they may be applicable and practicable.

(b) The following concern the filing of additional documentation or arguments:

1. The Council reserves the right not to consider documentation submitted by a complainant or custodian unless it has been submitted to the Council and the other parties named in the complaint not later than 10 business days in advance of the scheduled hearing.

2. A written statement by the party shall accompany each such submission explaining the relevance of such submission.

3. Parties filing submissions must provide copies to all parties to the complaint and provide proof of service to the Council simultaneously therewith.

4. The Council will not accept any submissions at the hearing that have not been provided to all parties pursuant to these rules, unless the Chairperson authorizes said submissions.

N.J. Admin. Code § 5:105-2.7