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EO #26 Summary of State Agency Rule Changes

This document describes the rules that have been maintained or modified. All modifications are explained  below the original language of the rule. All other rules have been deleted.

Agriculture

6.2 Records  designated confidential

In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

1. Department of Agriculture

(i) Emergency management information or procedures which, if disclosed, would jeopardize emergency operations security or response, including, but not limited to, inventories of emergency resources and any policies or plans compiled or kept by the Department for responding to emergencies;

Modify. Regulation will read: "Emergency management information or procedures which, if disclosed, would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism."

2. Information concerning individual farms and agribusinesses, compiled or received pursuant to a memorandum, of understanding or other agreement with the United States department of Agriculture or other Federal entity which is required by such agreement to be kept confidential;

3. State Agriculture Development Committee

(i) All applications, correspondence, appraisals, agreements, and internal memoranda for, and relating to, the acquisition of farmland in fee simple prior to the Committee's certification of the fee simple value of the farmland or prior to the execution of a written binding contract between the Committee and the owner of the land, whichever occurs later; however any information regarding the value of deed-restricted farmland ("after-value") shall be confidential until a written binding contract has been entered into between the Committee and a purchaser of the farmland for the resale of the land;

Modify. Add to the regulation: "and provided further that these records shall become available forty-eight hours prior to a public meeting at which a public body will take action based upon those records unless the records pertain to ongoing negotiations that would be prejudiced by making such records accessible." In addition, the rule will include easements proceedings, and local programs.

Banking & Insurance

11:1-45.2 Records designated confidential

1. Any memoranda, reports or analyses which discuss data or specific formulas and methodology used in the determination or analysis of reserves, values, benefits, dividends, rates of loss ratio for a product;

Modify. The rule will read: "Those portions of any memoranda, reports or analyses which discuss data or specific formulas and methodology used in the determination or analysis of reserves, values, benefits, dividends, rates of loss ratio for a product;"

2. Applications for certificates of authority, certificates of eligibility, licenses, or any other authorizations pending before the Department, or withdrawn by the applicant, or the following information contained in such applications on which formal action by the Department has been taken:

i. Business Plans;

ii. Financial Projections;

iii. Feasibility studies;

iv. Criminal history record checks;

v. Quarterly financial statements; and

vi. Confidential data received from the National Association of Insurance Commissioners;

Modify. The rule will read: "Applications for certificates of authority, certificates of eligibility, licenses, or any other authorizations pending before the Department, or withdrawn by the applicant, or the following information contained in such applications on which formal action by the Department has been taken:"

3. Investigative or complaint files in any matter pending investigation, or in any completed matter in which no formal disciplinary action was taken;

Risk retention group or purchasing group membership lists;

5. Lists of New Jersey customers provided by registrants to the Bureau of Subdivided Land Sales Control under the Real Estate Sales Full Disclosure Act, N.J.S.A. 45:15-16.27 et seq.;

Community Affairs

5:3-3.2 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

1. Records concerning loan or tax credit applications in progress or negotiations between or among parties involved in any such application;

Modify. Rule will state information is available when agenda is published for board or commission action. The rule will also include contract negotiations. Final documents are public or when negotiations terminate.

2. Requests or complaints submitted by individuals;

Modify. Rule will read: "identification of requestors and complaints submitted by individuals."

Corrections

SUBCHAPTER 3. [(RESERVED)] CONFIDENTIALITY OF RECORDS

10A:22-3.2 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

1. Informant documents and statements;

2. Special Investigations Division investigations, provided that redaction of information would be insufficient to protect the safety of any person or the safe and secure operation of a correctional facility;

3. Documents pertaining to an individually identifiable crime victim(s), except that the identifiable crime victim shall have access to the documents;

Modify. The rule will limit this exemption to a particular program within the Department of Corrections.

4. A record which consists of any alcohol, drug or other substance abuse information, assessment, evaluation, report, summary, history, recommendation, treatment, including any assessment instruments.

Modify. The rule will limit this exemption to a particular program within the Department of Corrections.

5. A report or record relating to an identified individual which, if disclosed, would jeopardize the safety of any person or the safe and secure operation of the correctional facility or other designated place of confinement;

6. Comprehensive criminal rap sheet.

Parole Board

1. A record which consists of any alcohol, drug or other substance abuse information assessment, evaluation, report, summary, history, recommendation, treatment, including any assessment instruments.

2. A record which consists of information, statement or testimony in written, audio or video form provided by a victim or, if the victim is deceased, the nearest relative of the victim. This shall include, but not be limited to, the continuing notice and the extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the continuing effect of the crime upon the victim's family, personal information pertaining to the victim or victim's family such as the victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information.

Modify. The rule will add a provision that will require information to be public if the testimony was given in public to a public body.

3. A record which consists of a letter, statement, or comment submitted to an employee, a member(s) of the Board or the Board regarding an inmate's suitability for parole release or regarding a parolee's parole supervision status that is determined by the employee, member(s) of the Board, or the Board to jeopardize the safety of any person should it be disclosed.

Modify. The rule will add a provision which will require the board to make a determination that the threat posed is reasonable.

Education

6A:31-1.11 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

1. Names of individuals constructing or developing tests or test items to be used as part of the statewide assessment system;

Modify. The rule will add a provision that will ensure the name of the consulting firm or company preparing the tests will be a public record.

2. Applications for any grant, recognition, scholarship, charter school, school choice or other competitive program, provided, until such time as notification of final awards are made.

Modify. The rule will read: "Applications for any grant, recognition, scholarship, charter school, school choice or other competitive program, until such time as date for final submission of applications has passed;"

3. Names of individuals reading, evaluating or scoring particular applications for any grant, recognition, scholarship, charter school, school choice or other competitive program, provided, however, that the membership of panels reviewing applications for a specific program shall not be confidential;

Environmental Protection

7:1D-4.2 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...;

1. Information related to Green Acres and Natural Lands Trust land acquisitions, program offerings, active projects and title investigations, which, if disclosed, would jeopardize these transactions or affect penalty negotiations;

Modify. Rule will read: "Information related to Green Acres and Natural Lands Trust land acquisitions, program offerings and active projects, including appraisals, valuations and title investigations shall be made available for public inspection, examination and copying no later than 48 hours before formal action is to be taken on any land transaction, program offering or active project, unless the land transaction, program offering or active project is actively under negotiation, a binding contract has not been executed, or disclosure of the information would jeopardize the land transaction, program offering or active project."

2. Records relating to mediation proceedings conducted by or on behalf of the Department;

Modify. Rule will read: "Records relating to mediation proceedings conducted by or on behalf of the Department, except that any records that were open for public inspection, examination or copying prior to mediation shall continue to be available for public inspection, examination or copying during and after mediation. Final agreements resulting from mediation shall be available for public inspection, examination or copying."

3. Records that reveal the identity of a complainant;

4. The DEP had numerous exemptions which provided no access to range of documents that are too numerous to recite.

Modify. All the departments "security" protections shall fall under one rule which shall provide:

"The following information shall be withheld if the Department determines that the inspection, examination or copying of that record would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism:

(i) Any inventory of enforcement resources, including standard operating procedures, compiled and any policies or plans compiled by the Department pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, including employee emergency contact information; and

(ii) Information related to a nuclear power plant, which, if disclosed, would jeopardize the public health, safety and welfare or the security of the plant;

(iii) Listing of Low Level Radioactive Waste generators including amounts of wastes generated and shielding designs for sources of radiation

(iv) National defense related information from Lockheed Martin's Aegis Radar System facility;

(v) Environmental Emergency Procedures plans such as emergency procedures for Wastewater Treatment facilities pursuant to N.J.A.C. 7:14A-6.12(D); and

(vi) Inundation maps submitted as part of Emergency Action Plans pursuant to N.J.A.C. 7:20-1.7f and 1.11i.

(vii) Discharge Prevention Containment and Countermeasures and Discharge Cleanup;

(viii) Removal Plans and related general site plans;

(ix) Off-Site Consequence Analyses developed pursuant to the Toxic Catastrophe Prevention Act;

(x) Radioactive Materials Licenses issued by the Nuclear Regulatory Commission and advisories issued by the Nuclear Regulatory Commission that address "lessons learned", security or enforcement issues;

5. Information requested by any Federal agency, including the U.S. Environmental Protection Agency, to be maintained as confidential in connection with enforcement of any Federally delegated program or joint Federal/State enforcement action;

Modify. The rule will read: "Information provided by any Federal agency, including the U.S. Environmental Protection Agency, on condition it be maintained confidential pertaining to enforcement of any Federally delegated program or joint Federal/State enforcement action"

Health & Senior Services

NO EXEMPTIONS.

Human Services

1B-2.2 Records designated confidential

1. Foster home and other caregiver information. This exemption encompasses information that may lead to children under our care being identified and possibly located while they are in out-of-home placement.

Modify. New rule will read: "Foster home and other caregiver information that pertain to the identity and location of out of home caregivers when disclosure would jeopardize the safety and welfare of the placed child, both during and subsequent to placement. This exemption encompasses information that may lead to children under our care being identified and possibly located while they are in out-of-home placement."

Labor

12:2-2.2 Records designated confidential

In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

1. Records pertaining to collective bargaining, mediation, fact-findings or arbitration process or to attempts to encourage or reach a settlement of cases of any type pending before the Department or any of the entities allocated thereto. All available public records before these processes are begun continue to be public records and final agreements are public records.

Modify. Rule will read: Records pertaining to settlement efforts during a collective bargaining, mediation, fact-findings or arbitration process or to attempts to encourage or reach a settlement of cases of any type pending before the Department or any of the entities allocated thereto. All available public records before these processes are begun continue to be public records and final agreements are public records.

2. Records pertaining to the processing of representation petitions pending before the Public Employment Relations Commission that would divulge the identity of employees supporting or opposing representation petitions or would divulge how an employee voted.

Law & Public Safety

SUBCHAPTER 3 CONFIDENTIALITY OF RECORDS

3.2 Records designated confidential

In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

(a) Standard Operating Procedures and training materials;

Modify. "Standard Operating Procedures and training materials that would reveal agency investigative, enforcement or litigation procedures or techniques."

(b) Records concerning background investigations or evaluations for public employment, appointment to public office or licensing, whether open, closed or inactive;

(c) Records which may reveal the identity of a confidential informant, a confidential source, a citizen informant, or an agency's surveillance, security or investigative techniques or procedures or undercover personnel;

(d) Records relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation or other related activities, whether open, closed or inactive;

Modify. The rule will read: "Records relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation or other related activities, whether open, closed or inactive, except for the final agency determination;"

(e) Any inventory of State and local law enforcement resources compiled and any policies or plans compiled by an agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, including employee emergency contact information;

Modify. The rule will read: That portion of records disclosing any inventory of State and local emergency resources compiled and any policies or plans compiled by a public agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, including employee emergency contact information, which, if disclosed, would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of terrorism or sabotage;

(f) The duty assignment of an individual law enforcement officer or any personally identifiable information that may reveal or lead to information that may reveal such duty assignment;

(g) Records pertaining to the collective negotiation process.

Modify. The rule will read: "Records relating to mediation proceedings conducted by or on behalf of the Department, except that any records that were open for public inspection, examination or copying prior to mediation shall continue to be available for public inspection, examination or copying during and after mediation. Final agreements resulting from mediation shall be available for public inspection, examination or copying."

Military And Veterans' Affairs

5A: 11-2.2 Records designated confidential.

In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

(1) Doyle Veterans' Memorial Cemetery.

(i) NJDMAVA FORM 24P Application for Interment and Verification of Eligibility

(ii) NJDMAVA FORM 24-1 Pre-Registration

Modify. Add: "all interred at the cemetery is a public record and eligibility criteria are public records."

(2) All forms, records, and information relating to the application by, treatment of, progress of, evaluation of, and discharge of participants in the program known as Veteran's Haven;

Modify. The rule will read: "Forms to relating to application to Veterans Haven and resident records and program participation."

(3) Veterans' Healthcare Services and Veterans' Memorial Homes.

(i) Admission Application & Records.

(4) Veterans' Programs

(i) Post-Traumatic Stress Disorder /Readjustment Counseling Program records of individual participants.

(ii) Clinicians' reports for the treatment/counseling of individual participants.

(5) Youth Programs and Activities

(i) Cadet Applications, medical, academic, performance, disciplinary, family information files.

(ii) Mentor Applications and files

Modify. Add the word "Individual" to (i) to read "Individual post traumatic ..."; and add a provision which would state: "provided that aggregate data that does not disclose the identity of any person directly or indirectly shall not be confidential under this provision."

(6) Museum System

Information on the donors, lenders, or benefactors regarding the contribution of any artifact or gift for exclusive use by the Museum System, as typically contained on DA Form 2609, financial reports, or other such records.

Modify. Rule will read: "Records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institute in connection with such gift other than a request for memorialization or dedication; and the valuable or rare collections of books, uniforms, equipment or documents obtained by gift, grant, bequest or devised condition upon limited access."

Personnel

1. Appeals files in Merit System Board, Com. Of Personnel and Div. Of Equal Employment Opportunity and Affirmative Action matters, including written submissions of the parties and all other related documentation used to make an administrative determination in these matters. However, final decisions of the Board and the Commissioner are public records.

Modify. Rule will read: "Appeals files in Merit System Board, Com. Of Personnel and Div. Of Equal Employment Opportunity and Affirmative Action matters, including written submissions of the parties and all other related documentation used to make an administrative determination in these matters. However, final decisions including the basis for the decision of the Board and the Commissioner are public records.

2. Discrimination, Americans with Disabilitities Act, State and Federal Family Leave Acts complaints, and notices and other correspondence, including employee advisory service records except as provided by NJAC 4A:6-4.10, pertaining to such complaints, received by the Dept.

Modify. The rule will read: "The identification of individual filing complaints to the Department."

Public Utilities

1. REWRITE 14.1-12.6(a)(1) TO ENSURE RESPONSE WITHIN 7 DAYS.

2. REWRITE 12.9 TO INCLUDE A SPECIFICATION OF OBJECTIVE CRITERIA GOVERNING THE DETERMINATION WHICH MAY RELATE TO THE ELMENTS LIST IN 12.8(A)(5)

State

1. Any grant application under review that has not yet been approved or acted upon by an agency within the Department of State;

Modify. The rule will read: "Any grant application until the submission deadline passes."

2. The record of pursuit of charitable contributions or record containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of the gift provided that the donor has not received any benefits of or from an applicant organization or an agency within the Department of State in connection with such gift other than a request for memorialization or dedication;

3. The name, address and telephone number of any individual member of a board, commission, or agency reviewing a grant application; notwithstanding the fact that blind comments or analyses of the same by such reviewers are and shall be available to the applicant upon completion of the review.

Modify. The rule will read: "The membership of reviewing panels reading, evaluating or scoring particular applications for any grant, recognition, or other competitive program until such time as a final decision and/or action on the application has been made. Blind comments, analyses, and/or scores on the same by such reviewers shall be made available upon final decision and/or action; however, information linking the identity of the individual reviewer to comments, analyses and/or scores shall not be disclosed."

4. Information related to contracts and other agreements that have not yet been executed, or regulation terming

Modify. The rule will read: "Information related to contracts and other agreements that have not yet been executed or subject to ongoing negotiations that would be prejudiced by its release. Documents are public once the contract is executed or negotiations cease. A contract or other agreement that requires the approval of a public agency governed by the Open Public Meetings Act, must be disclosable at least forty-eight (48) hours prior to final vote or action."

5. Correspondence, memoranda and other documents relating to the interment of American Indian remains in New Jersey and elsewhere;

Modify. The rule will read: "Photographs of burial sites, associated burial goods, and information disclosing the location of interment of American Indian remains in New Jersey and elsewhere."

6. Any record whose physical condition the Director of the Division shall determine to be so fragile that handling and copying of such record would result in damage or destruction;

Modify. The rule will read: "Any manuscript, document, or record whose physical condition the Director of the Division shall determine to be so fragile that handling and copying of the record would result in damage or destruction; however, this exception shall not be construed to limit inspection."

7. Any record or collection of records obtained by gift, grant, bequest or devise from a private donor, conditioned upon limited or restricted public access, provided such restrictions do not violate the provisions of P.L. 2001, c. 404 or other State or federal law or regulation;

Modify. The rule will read: "Any record or collection of records obtained by gift, grant, bequest or devise from a private donor, the receipt of which is conditioned upon a formal stipulation requiring limited or restricted public access, provided such restrictions do not violate the provisions of P.L. 2001, c. 404 or other State or federal law or regulation;"

8. Records of pursuit of State Museum acquisitions and charitable contributions containing personal personal and/or financial information relating to donors or collectors.

9. Scholarly, academic and /or pedagogical research records and/or the specific details of any research project conducted under the auspices of the New Jersey State Museum.

Transportation

16:1A-3.2 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...;

1. Bridge Survey Reports, and any structural plans or design calculations for any transportation agency structure, facility or building;

Modify. New rule will read: "Any structural plans, descriptions of specific structural deficiencies, or design calculations for any transportation agency structure, facility or building."

2. Estimates, appraisals and costs of acquiring right-of-way prior to the acquisition of all right-of-way on a project;

3. Emergency management and contingency planning documents;

Modify. Rule would read: "Emergency management and contingency planning documents to the extent that its disclosure would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism or would materially increase the risk of consequences of potential acts of sabotage or terrorism."

4. Records pertaining to the negotiation of any contract or settlement of any claim against a transportation agency prior to the execution of the contract or final settlement document;

Modify. Add: "or if negotiations terminate."

Treasury

3.2 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., ...

1. Appraisals of real property prepared in connection with tax appeals, which have not been admitted into evidence before the County Board of Taxation or the Tax Court.

2. Income, expense and other financial information contained on local property tax record cards, on computer assisted mass appraisal (CAMA) systems, and on applications, statements and supporting documentation for deductions, exemptions and farmland assessments.

3. Personal information such as age, medical condition/disability, and veteran status, reflected on applications and statements submitted in support of eligibility for exemptions and deductions, and supporting documentation, such as proofs of age, death, medical condition/disability and veteran status, submitted in support of such applications or statements.

Modify. Add "final determinations are public."

4. For the New Jersey Economic Development Authority, commitments between lending institutions and applicants until the transaction is complete.

Modify. Rule will read: "For the New Jersey Economic Development Authority, commitments between lending institutions and applicants until the transaction is complete or the conclusion of negotiations where there is no executed contract; and provided further that these records shall become available forty-eight hours prior to a public meeting at which a public body will take action based upon those records unless the records pertain to ongoing negotiations that would be prejudiced by making such records accessible.

privacy notice | legal statement
Updated: 01/10/2011