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| How to Request Government
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- INFORMATION PROVIDED ON THIS FORM WILL BE SUBJECT
TO DISCLOSURE UNDER THE OPEN PUBLIC RECORDS ACT.
- In order to request access to government
records under OPRA, the
requestor must complete all the required portions of and date the
Department of Human Services' request form and deliver it in person
during regular business hours or by mail to the appropriate custodian of the
record requested. The request is not considered filed until the appropriate
custodian of the record requested has received a completed request form.
If the form is submitted form to any other officer or employee of the
Department of Human Services, that officer or employee does not have
the authority to accept the request form on behalf of the Department of
Human Services and the requestor will be directed to the appropriate
custodian. Alternatively, requests may be sent electronically by clicking on
"State Request Form", above left, and by following the prompts.
- If a request for access to government records
form is submitted to someone
other than the appropriate custodian, all parts of the
request form have not
been completed, or an attempt is made to make a request
for records by
telephone, fax or e-mail, the Open Public Records Act
and its deadlines,
restrictions and remedies will not apply to the request.
- The fees for duplication of a government
record are listed on the request
form. The custodian will notify the requestor of any
special charges, special
service charges or other additional charges authorized
by State law or
regulation before processing the request. Payment shall
be made by
cash, certified or bank check or money order payable
to the State of
New Jersey - Treasurer.
- If it is necessary for the records custodian
to contact the requestor
concerning the request, providing identifying information,
such as the
requestor's name, address and telephone number or
an e-mail address is
required. Anonymous requests are permitted; however,
anonymous
requests for personal information are not permitted.
- Anonymous requests, when permitted, require
a deposit of 50% of the
estimated fees. The balance must be paid upon delivery
of the records.
- Under OPRA, a custodian must deny access
to a person who has been
convicted of an indictable offense in New Jersey,
any other state, or the
United States, and who is seeking government
records containing personal
information pertaining to the victim of the requestor
or the victim’s
family.
- By law, the custodian must notify the requestor
that the request for access
to government records is granted or denied within seven business
days after
the custodian of the record receives the request, provided
that the record is
currently available and not in storage. If the record is
not currently available
or is in storage, the custodian will advise the requestor
within seven
business days when the record can be made available and the
estimated
cost. The requestor may agree to extend the time for making
records
available.
- The requestor may be denied access to a
government record if the
requestor's request would substantially disrupt agency
operations and the
custodian is unable to reach a reasonable solution with
the requestor.
- If the Department of Human Services is unable
to comply with the
request for access to a government record, the custodian
will indicate the
reasons for denial on a receipt form and send the requestor
a signed and
dated copy.
- Except as otherwise provided by law or by
agreement with the requestor, if the custodian of the record fails to respond to the
requestor within seven
business days of receiving a request form, the failure
to respond will be
considered a denial of the request.
- If the request for access to a government
record has been denied or unfilled
within the time permitted by law, the requestor has
a right to challenge the
decision by the Department of Human Services to deny
access. At the
requestor's option, the requestor may either institute
a proceeding in the
Superior Court of New Jersey - Appellate Division,
or file a complaint in
writing with the Government Records Council (GRC).
The GRC may be
contacted toll-free at 866-850-0511, by mail at PO
Box 819, Trenton, NJ,
08625, by e-mail at grc@dca.state.nj.us, or through
the GRC website at
www.state.nj.us/grc.
- The following table includes the mailing address
for the Records Custodians
of the Department of Human Services.
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