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1. The Open
Public Records Act (OPRA) requires that in order to request access
to government records, you must complete all the required portions
of, sign and date this form, and deliver it in person during regular
business hours, or by mail, fax, or electronically to the appropriate
custodian of the requested record(s). Your request is not considered
filed until the appropriate custodian, of the requested record(s),
has received a completed request form. If you submit the request
form to any other officer or employee of the Department of State,
that officer or employee does not have the authority to accept your
request form on behalf of the Department of State and you will be
directed to the appropriate division custodian. Descriptions of
the divisions and agencies of Department of State can be found at
www.nj.gov/state/ .
2. lf you submit
a request for access to government records to someone other than
the appropriate records custodian, do not complete the required
portions of the Department of State's request form, or attempt to
make a request for access by telephone, OPRA and its deadlines,
restrictions and remedies will not apply to your request.
3. The fees
for duplication of government record(s) in printed form are listed
on the front of this form. We will notify you of any special charges,
special service charges or other additional charges authorized by
State law or regulation before processing your request. Payment
shall be made in cash, check or money order, payable to the State
of New Jersey.
4. If it is
necessary for the records custodian to contact you concerning your
request, providing identifying information, such as your name, address,
and telephone number or an e-mail address is required. Where contact
is not necessary, anonymous requests are permitted. However, it
is suggested that you provide such information in case the records
custodian needs to clarify what information is being requested.
Additionally, anonymous requests for personal information will not
be honored.
5. A 50%
deposit must accompany requests with estimated fees exceeding $25.
Anonymous requests, when permitted, require a deposit of 100% of
estimated fees. You agree to pay the balance due upon delivery of
the record(s).
6. Under OPRA,
a custodian must deny access to a person who is convicted of an
indictable offense in New Jersey, any other state, or the United
States, who is seeking government record(s) containing personal
information pertaining to the person's victim or the victim's family.
7. By law, the
Department of State must notify you that it grants or denies a request
for access to government records within seven (7) business days
after the custodian, of the requested record, receives the request,
provided that the record(s) is/are currently available and not in
storage or archived. If the requested record(s) is/are not currently
available or is in storage or archived, the custodian will advise
you within seven (7) business days when the record(s) can be made
available and the estimated cost. You may agree with the custodian
to extend the time for granting or denying your request, or for
making the record(s) available.
8. You may be
denied access to government record(s) if your request would substantially
disrupt agency operations and the records custodian is unable to
reach a reasonable solution with you.
9. If the Department
of State is unable to comply with your request for access to a government
record(s), the records custodian will indicate the reasons for denial
on the request form and send you a signed and dated copy.
10. Except as
otherwise provided by law or by agreement with the requester, if
the custodian of the requested record fails to respond to you within
seven (7) business days of receiving a written, signed request form,
the failure to respond will be considered a denial of your request.
11. If your
request for access to government record(s) has been denied or unfilled
within the time permitted by law, you have a right to challenge
the decision by the Department of State to deny access. At your
option, you may either institute a proceeding in the Superior Court
of New Jersey or file a complaint in writing with the Government
Records Council (GRC). You may contact the GRC by telephone at 866.850.0511,
by mail at P.O. Box 819, Trenton, NJ 08625-0819, by e-mail at grc@dca.state.nj.uss,
or at the GRC's web site is www.nj.gov/grc/.
12. Information
provided on this form may be subject to disclosure under the Open
Public Records Act.
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