N.J. Admin. Code § 14:1-12.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:1-12.6 - Time for making confidentiality determinations

(a) The custodian shall make a confidentiality determination within seven business days after the custodian's receipt of a request to inspect or copy records containing asserted confidential information, unless:

1. A reasonable extension is necessary because the records are in storage or in use. In such a case, the records custodian shall so advise the requester within seven business days after the custodian receives the request, and shall make other arrangements to promptly make available a copy of the record;

2. The requester consents to a reasonable extension of time; or

3. The request for access to records would substantially disrupt the Board's operations. In such a case, the custodian may deny access to the record without making the confidentiality determination, provided that the custodian first attempts to reach a reasonable solution with the requester, which accommodates the interests of the requester and the Board.

(b) The custodian shall not take any action which is inconsistent with the requirements for the treatment of information that has been claimed confidential, set forth in N.J.A.C. 14:1-12.1 0 until a determination has been made as to whether the information is confidential or not.

(c) Requests received after 4:00 P.M. will be considered as received on the next business day.

(d) Except as otherwise provided in (a) above, the custodian may, in his or her discretion, make a confidentiality determination at any time.

N.J. Admin. Code § 14:1-12.6