N.J. Admin. Code § 7:26G-16.11

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

Section 7:26G-16.11 - Procedure regarding fees for information requests

(a) Except as provided in (b) below, a person requesting copies of public records shall pay the fee specified in N.J.S.A. 47:1A-2.

(b) No payment is required for the following services:

1. The cost of reviewing requests for information and preparing and reviewing written responses thereto;

2. For furnishing documents requested by EPA;

3. For furnishing documents requested by and for the official use of other State agencies; or

4. For furnishing documents needed by a State contractor or grantee to perform the work required by a State contract or grant.

(c) All fee payments shall be in the form of a check or money order payable to the "Treasurer, State of New Jersey" and shall be submitted to the designated information officer.

(d) If the Department estimates that the fee for information requests will exceed $ 25.00 and the requester has not submitted payment in advance to cover the estimated fees, the Department shall notify the requester of the amount of the estimated fees or such portion thereof as can readily be estimated. In such cases, the Department shall not release the information to the requester until it receives the total amount of fees due or estimated to become due. Such notice shall be transmitted to the requester within 10 working days after the Department has made the initial determination that the records are available.

(e) If a fee paid in advance under (d) above exceeds the actual fees due under N.J.S.A. 47:1A-2, the Department shall refund the excess. If the actual fees due exceed the advance payment, the requester shall remit the excess before the Department releases the copies.

(f) The Department may reduce or waive the fee specified in N.J.S.A. 47:1A-2 if it determines that the reduction or waiver is likely to contribute significantly to public understanding of the operations or activities of the government. In determining whether the reduction or waiver is likely to make such a contribution, the Department shall consider whether the request comes from a representative of the press or other communications medium, or from a public interest group.

1. A request for reduction or waiver of fees shall be addressed to the appropriate Division or Bureau which is responding to the request for records.

2. The Division or Bureau shall initially determine whether the fee shall be reduced or waived, and shall so inform the requester.

3. The requester may appeal the determination of the Division or Bureau by letter addressed to the appropriate Assistant Commissioner. The Assistant Commissioner shall decide such appeals.

(g) In the event that a requester who is in arrears for previous requests makes a request for documents, whether requested under this subchapter or any other Department rule, the Department may deny the request until the arrears have been paid in full.

1. Any request made by an individual who specifies an affiliation with, or representation of, a corporation, association, law firm, or other organization shall be deemed to be a request by the corporation, association, law firm, or other organization. If an organization can show that the person who made the request for which payment is overdue did not make the request on behalf of the organization, the organization will not be considered in arrears, but the individual shall be.

N.J. Admin. Code § 7:26G-16.11