N.J. Admin. Code § 7:1K-9.6

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

Section 7:1K-9.6 - Final confidentiality determination

(a) If, after review of all the information submitted pursuant to N.J.A.C. 7:1K-9.4, the Department determines that the assertedly confidential information is not confidential information, the Department shall take the following actions:

1. The Department shall so notify the claimant by certified mail, return receipt requested. The notice shall state the basis for the determination, that it constitutes final agency action concerning the confidentiality claim, and that the Department shall make the information available to the public on the 46th day following receipt by the claimant of the written notice. The notice shall include a copy of the final public copy to be made available to the public.

2. On or after the 46th day following receipt by the claimant of the written notice required by (a)1 above, the Department shall send written notice of the determination to any requester with a pending request to inspect or copy the information which was the subject of the confidentiality claim. The Department shall send the notice by certified mail, return receipt requested.

(b) If, after review of the substantiation submitted pursuant to N.J.A.C. 7:1K-9.4, the Department determines that the assertedly confidential information is confidential information, the Department shall treat such information as confidential information in accordance with N.J.A.C. 7:1K-11. The Department shall send written notice of the determination to the claimant and to any requester with a pending request to inspect or copy the information which was the subject of the confidentiality claim. The notice shall state the basis for the determination and that it constitutes final agency action. The Department shall send the notice by certified mail, return receipt requested.

(c) If, after review of the substantiation submitted pursuant to N.J.A.C. 7:1K-9.3, the Department determines that the claimant has made a frivolous confidentiality claim, the Department may assess a civil administrative penalty pursuant to N.J.A.C. 7:1K-12.6. The Department shall determine that a confidentiality claim is frivolous if it meets one or more of the following criteria:

1. The confidentiality claim is without any reasonable basis in fact; or

2. The confidentiality claim is clearly and substantially inconsistent with the definition of "confidential information" at N.J.A.C. 7:1K-1.5, such that the claim can not be supported by a good faith argument for treatment of the assertedly confidential information as confidential information, regardless of whether all the criteria at N.J.A.C. 7:1K-1.5 have been satisfied; or

3. The confidentiality claim is submitted for the sole purpose of concealing non-confidential information required to be disclosed pursuant to this chapter.

N.J. Admin. Code § 7:1K-9.6

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