N.J. Admin. Code § 5:3-2.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:3-2.2 - Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of 47:1A-1 et seq., as amended and supplemented, any other law, regulation promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation or Federal order, the following records shall not be considered government records subject to public access pursuant to 47:1A-1 et seq., as amended and supplemented:

1. Building plans submitted in conjunction with any permit application; provided, however, that this exclusion shall not include site plans or architectural renderings;

2. Any information concerning the location or contents of buildings or structures in Use Group H (high hazard) or of life hazard uses involving hazardous materials or substances;

3. Notices, orders, reports and decisions not yet served upon the person(s) to whom they are addressed;

4. Records concerning loan or tax credit applications in progress or negotiations between or among parties involved in any such application;

5. Records concerning contract negotiations that are not yet concluded;

6. Requests or complaints submitted by individuals;

7. Notes of mediators or other persons involved in dispute resolution;

8. Information concerning individuals as follows:

i. Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation;

ii. Home addresses, home telephone numbers or personal e-mail addresses;

iii. Information in an income or other tax return;

iv. Information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or credit worthiness, except as otherwise required by law to be disclosed; and

v. Any other information the disclosure of which might reasonably be expected to endanger the safety of any person;

9. Test questions, scoring keys and other examination data pertaining to the administration of an examination or an application for public employment or licensing;

10. Records of another department or agency in the possession of this department or any agency allocated to this department when those records are made confidential by a regulation of that department or agency adopted pursuant to 47:1A-1 et seq. and Executive Order No. 9 (Hughes 1963), or pursuant to another law authorizing the department or agency to make records confidential or exempt from disclosure; and

11. Records of this department or any agency allocated to this Department held by the Office of Information Technology (OIT), the State Records Storage Center of the Division of Archives and Records Management (DARM), in the Department of State, or an offsite storage facility outside of the regular business office of the agency. Such records shall remain the legal property of the Department and be accessible for inspection or copying only through a request to the proper custodian of this Department or an agency allocated to this Department. In the event that records of this Department or any agency allocated to this Department have been, or shall be, transferred to and accessioned by the State Archives in the Division of Archives and Records Management, all such records shall become the legal property of the State Archives and all requests for access to them shall be submitted directly to the State Archives.

N.J. Admin. Code § 5:3-2.2