New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 105 - COMPLAINT ADJUDICATION AND OPEN PUBLIC RECORDS ACT (OPRA) INFORMATION INQUIRY PROCEDURES › Subchapter 2 - COMPLAINT PROCESS › Section 5:105-2.4 - Custodian document submissions to the Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Custodians shall
				submit a completed and signed statement of information (SOI) on the form required at
				(c) below to the Council and the complainant simultaneously that details the
				custodians' position for each complaint filed with the Council in all instances for
				which mediation is declined, mediation is not accepted by either party, or in which
				mediation is accepted but through which the parties do not fully resolve the issues
				presented. The custodian shall sign the completed SOI even if it is completed by
				their legal representative.
(b) All
				submissions shall be in writing. The Council will not consider ex parte
				communications from any party.
(c) SOIs
				shall be submitted on the Council's SOI form through either U.S. mail, facsimile, or
				email. A courtesy copy of SOIs exceeding 50 pages shall be submitted to the GRC at
				101 South Broad Street, PO Box 819, Trenton, NJ 08625.
(d) SOI forms shall be provided by Council's staff
				and may be downloaded from the GRC website (
www.nj.gov/grc
).
(e) The custodian shall include in the SOI, or the
				attachments thereto, any information, defenses, and arguments that they wish to
				bring to the Council's attention for consideration in the adjudication of the
				complaint. The custodian may also include with the SOI any affidavits,
				certifications, or documentation deemed appropriate or supportive of the defenses
				set forth in the SOI.
(f) Upon
				retention, an attorney representing a custodian in a matter before the Council shall
				submit to the Council a letter of representation. Failure to submit this letter will
				result in the Council considering the custodian to be pro se. The Government Records
				Council will only communicate with the custodian until receipt of the letter of
				representation.
(g) Custodians shall
				submit a completed and signed SOI for each complaint to the Council's staff and the
				complainant not later than 10 business days from the date of receipt of the SOI form
				from the Council's staff. Custodians must sign the SOI. The Council will not accept
				additional submissions from the custodian, beyond what is permitted pursuant to this
				chapter, unless the Executive Director orders the same or offers express approval
				for the same. Failure to comply with this time period may result in the complaint
				being adjudicated based solely on the submissions of the complainant.
(h) A custodian's failure to submit a completed
				and signed SOI, and to serve the complainant with the SOI, may result in the
				Council's issuing a decision in favor of the complainant.
(i) The Council shall provide the complainant with
				copies of the completed and signed SOI if the custodian fails to do so.
(j) If a complainant amends their complaint, the
				custodian shall have five business days from the date of receipt of the same to
				submit their position regarding the complaint amendment with the Council. The
				Council will not accept additional submissions beyond said time period, unless the
				Executive Director orders the same or offers their express approval for the same.
				Failure to comply with this time period may result in the case being adjudicated
				based solely on the submissions of the complainant.
(k) Parties submitting objections to another
				party's representative shall adhere to the process set forth at
				N.J.A.C.
				5:105-2.3(h).
(l) A party may respond to any challenge to its
				representative within five business days of receipt of the challenge.
(m) The Council, acting through its Executive
				Director, may require custodians to submit, within prescribed time limits,
				additional information deemed necessary for the Council to adjudicate the
				complaint.
(n) Upon receipt of the
				custodian's SOI, the complainant shall have five business days to file a reply. Upon
				receipt of the same, the custodian shall have three business days to file a
				sur-reply. Except as provided at (j), (k), (l), or (m) above, no further submissions
				shall be filed or accepted.