N.J. Admin. Code § 7:1K-9.3

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

Section 7:1K-9.3 - Notice of initial confidentiality determination, and of requirement to submit substantiation of claim

(a) If the Department initially determines that any of the assertedly confidential information may be confidential information, the Department shall:

1. Notify each claimant who is known to have asserted a claim applicable to such information of the following:

i. That the Department is in the process of making a confidentiality determination with respect to the claimant's claim;

ii. That the claimant is required to substantiate the claim in accordance with N.J.A.C. 7:1K-9.4;

iii. The address of the office to which the claimant's substantiation must be addressed;

iv. The time allowed for submission of substantiation pursuant to N.J.A.C. 7:1K-9.5(a);

v. The method for requesting a time extension under N.J.A.C. 7:1K-9.5(b); and

vi. That the claimant's failure to furnish substantiation within the time allocated in N.J.A.C. 7:1K-9.5 shall operate as a waiver of the claimant's claim.

2. Furnish, to any requester whose request for inspection or copying of the information is pending, notice that:

i. The information which is the subject of the request may be confidential information;

ii. The Department must undertake further inquiry before granting or denying the requester's request; and

iii. After the Department has made a confidentiality determination concerning the information which is the subject of the request, the Department will grant or deny the request.

(b) The Department shall send the notice required by (a)1 and 2 above by certified mail, return receipt requested, or by other means providing a receipt for delivery.

(c) If the Department is able to determine whether all of the assertedly confidential information is or is not confidential information, without the need for submission of substantiation under N.J.A.C. 7:1K-9.4, such determination shall have the effect of a final confidentiality determination pursuant to N.J.A.C. 7:1K-9.6. The Department shall provide such notices of the determination as are required by N.J.A.C. 7:1K-9.6.

N.J. Admin. Code § 7:1K-9.3

Amended by R.1994 d.51, effective 2/7/1994.
See: 25 New Jersey Register 1849(a), 26 New Jersey Register 842(a).