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NJ OPRA Central | Local Government | K-12 Schools | Higher Education

Under OPRA, the custodian must respond to an OPRA request "as soon as possible," but generally requestors must receive a response within seven (7) business days after receipt of a complete request. The following exceptions to the seven (7) business day time frame apply:

• The requestor seeks “immediate access” records as outlined in N.J.S.A. 47:1A-5(e); where the custodian must respond “immediately” disclosing responsive records not to exceed twenty-four (24) months old.
• The requestor seeks information required to be disclosed by N.J.S.A. 47:1A-3(b), where the custodian must respond disclosing the information within twenty-four (24) hours or as a soon as practical.
• The requestor seeks records for a “commercial purpose” as defined in N.J.S.A. 47:1A-1.1, where the response time frame is fourteen (14) business days, but the custodian is required to notify the requestor of the additional time within seven (7) business days. N.J.S.A. 47:1A-5(i). However, the response time frame can be reduced to seven (7) business days upon payment of no more than two times the cost to produce the responsive records.
• The requestor seeks records requiring review for compliance with “Daniel’s Law” (N.J.S.A. 47:1B-1, et seq.), where the response time frame is fourteen (14) business days, but the custodian is required to notify the requestor of the additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).
• The requestor seeks certain types of election records, as outlined in N.J.S.A. 47:1A-5.3, where the response time frame is immediate but no later than two (2) business days.
• The requestor submits a request during a state of emergency, public health emergency, or state or local disaster emergency, where the statutory time frame does not apply. N.J.S.A. 47:1A-5(i)(2). However, custodians should still attempt to respond within the statutorily applicable time frame where reasonable.

Note: Fire district employing one or fewer full-time employees serving as custodians may add seven (7) business days to the seven (7) or fourteen (14) business day response time frames.

That does not mean that a record in storage, or one that is difficult to locate or disclose, will be available during that time. In those situations, the custodian may seek an extension of time per N.J.S.A. 47:1A-5(i)(1). Requestor wishing to challenge whether an extension is reasonable may challenge it through the complaint process set forth in N.J.S.A. 47:1A-6.