Open Public Records Act

The New Jersey Open Public Records Act, P.L. 2001, c. 404, commonly abbreviated OPRA, is the statute guaranteeing and providing process for freedom of information with respect to public records in the State of New Jersey. It states that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest."[1]

Law

OPRA has multiple features to it: [2]

  1. A request for public information must be completed, signed, and given to the keeper of the record that is requested. For requests to the State of New Jersey, OPRA requests for most information can be submitted online. A few other public agencies in New Jersey have online OPRA portals.
  2. A request will not be considered as under the OPRA if:
    • The request for a record is sent to the wrong person. However, that person who receives the request must either redirect the request to the appropriate person or advise the requestor regarding who is the appropriate person.
    • The request does not state that it is being made pursuant to OPRA.
    • The request is not made in writing.
  3. Fees for requesting information must be paid, unless you are exempt from paying the fee or the fee is unlawful.
  4. Convicted criminals in New Jersey or anywhere else in the United States will not have access to public records if the records requested relate to the victim.
  5. A request for information must be responded to within 7 business days after the request is received.
  6. A request can be denied if the request would disrupt current operations of an agency and if the record keeper cannot reach a solution with the person requesting the documents.
  7. A record keeper must tell the person requesting information why the record cannot be released.
  8. Failure of a record keeper to respond to a request within 7 business days is considered a denial of the request.
  9. If a request is denied, the person requesting the information can appeal the denial to the Government Records Council (GRC) or to New Jersey Superior Court. While there is no deadline to submit a complaint to the GRC, a complaint submitted to Superior Court must be filed within 45 days (calendar days, not business days) after the denial of access.
  10. Information provided on a request form can be disclosed under the Open Public Records Act.

[3] [4]

See also

References

  1. ↑ "Open Public Records Act". Government Records Council, State of New Jersey. Retrieved 19 February 2014.
  2. ↑ http://www.nj.gov/lps/opra/
  3. ↑ http://www.state.nj.us/turnpike/documents/OPRA.pdf
  4. ↑ http://www.state.nj.us/grc/act.html

External links

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