N.J. Admin. Code § 13:1-17.1

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

Section 13:1-17.1 - Confidential records

(a) For purposes of investigative confidentiality and integrity, in addition to records designated as confidential pursuant to the provisions at N.J.S.A. 52:17B-77.16a and 47:1A-1 et seq., N.J.A.C. 13:1E-3.2, or any other law or rule promulgated under the authority of any statute, 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 N.J.S.A. 47:1A-1 et seq.:

1. Records, as specified at N.J.A.C. 13:1E-3.2(a)1, concerning background investigations or evaluations for public employment, or licensing, regardless of the license status;

2. Records, specific to an individual employee or employees-other than those records enumerated at N.J.S.A. 47:1A-10 as available for public access - and relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation, or other related activities, except for the final Commission disposition;

3. Records, as specified at N.J.A.C. 13:1E-3.2(a)4, pertaining to an individual employee or employees as created, maintained, or received by internal affairs, unless the same would be publicly available pursuant to the Attorney General's directives;

4. Any record, as specified at Executive Order No. 26 (2002), relating to medical, psychiatric, or psychological history, diagnosis, treatment, or evaluation;

5. A report or record relating to an identified individual, which, if disclosed, would jeopardize the safety of any person, as specified at N.J.S.A. 47:1A-3; or

6. In accordance with N.J.S.A. 47:1A-3(a), all investigative records or reports prepared by Commission personnel, or prepared on behalf of the Commission by other duly authorized individual or law enforcement units of municipal, State or Federal governments, or their agencies or subdivisions.

(b) Records may be provided to law enforcement units who request such information in the performance of their official duties.

(c) Unauthorized disclosure of confidential records that were obtained as part of an individual's application for licensing or renewal, as described herein, will subject the disclosing party to potential adverse administrative, licensure action, and/or criminal charges.

N.J. Admin. Code § 13:1-17.1

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023

Amended by 56 N.J.R. 2083(c), effective 10/21/2024