The appropriate Deputy Custodian or their designee will send a written response either granting access, denying access, seeking clarification, or requesting an extension of time within the statutorily mandated seven (7) business days or as otherwise provided by law. N.J.S.A. 47:1A-5(i).
As an exception to the typical response time frame, P.L. 2020, c.10, enacted on March 20, 2020, N.J.S.A. 47:1A-5(i) provides that the statutory time frame shall not apply during a state of emergency, public health emergency, or state of local disaster emergency.
Commercial Purpose (exception)
Effective September 3, 2024: If the requestor is seeking 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 shall notify the requestor of the additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).
Daniel’s Law (exception)
Effective September 3, 2024: If the requestor is seeking 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 shall notify the requestor of the additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).
Commercial Purpose Defined
“Commercial purpose” means the direct or indirect use of any part of a government record for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee. “Commercial purpose” shall not include using, distributing, gathering, procuring, transmitting, compiling, editing, disseminating, or publishing of information or data by the news media, or any parent company, subsidiary, or affiliate of any news media, as defined by section 2 of 19 P.L.1977, c.253 (C.2A:84A-21a), or by any news, journalistic, educational, scientific, scholarly, or governmental organization, or by any person authorized to act on behalf of a candidate committee, joint candidate committee, political committee, continuing political committee, political party committee, or legislative leadership committee, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3), registered with the New Jersey Election Law Enforcement Commission.