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The list of frequently asked questions below will help records requestors understand some of the most common issues regarding the Open Public Records Act.

If you do not find the answer to your question on this page please contact the GRC directly and a representative will be happy to assist you. Click here for our contact information.

1. What is the Open Public Records Act (OPRA)?
2. When is OPRA Used?
3. Are there other ways to request access to government records besides OPRA?
4. Who may file an OPRA request?
5. What is an OPRA Request?
6. What does an OPRA Request look like?
7. What is a "government record?"
8. What records are exempt from public access?
9. Who is the "custodian of a government record?"
10. What is a "public agency" under OPRA?
11. How do I submit an OPRA request?
12. Where do I submit my OPRA request?
13. What if I don't know the name of the records I want to access?
14. Do I have to include payment with my request?
15. Can I request records in a specific medium?
16. Can I specify how I want the Custodian to send me the requested records?
17. What happens if an employee other than the custodian receives my OPRA request?
18. When should I expect a response to my OPRA request?
19. Can I access any records immediately?
20. Can the custodian take more than seven (7) business days to respond to my OPRA request?
21. How should I receive a response to my request?
22. What should I do if I do not receive a response to my request?
23. How do I check the status of my OPRA request?
24. How much can the custodian charge me for my OPRA request?
25. Do I have to submit a deposit?
26. What is a special service charge?
27. Is there a fee to convert records to a specific medium?
28. What is a broad and/or unclear request?
29. Can I have access to government records under OPRA for commercial use?
30. How many OPRA requests can I make to one agency?
31. Can I bring my own photocopier into an agency's office to make copies?
32. Can the custodian provide on-site inspection but deny copies of records requested?
33. Can I request the same records more than once?
34. Can a public agency create specific OPRA hours?
35. Can a custodian deny me access to government records?
36. Can the custodian "black out" portions of the records I requested?
37. What can I do if a custodian denies me access to government records?
38. How are complaints filed in court?
39. Government Records Council
40. Denial of Access Complaints

1. What is the Open Public Records Act (OPRA)?
   OPRA is a New Jersey statute that governs the public's access to government records in New Jersey. The law is compiled in the statutes as N.J.S.A. 47:1A-1 et seq. Specifically, OPRA is intended to:
   • Expand the public's right of access to government records;
   • Create an administrative appeals process if access is denied; and
   • Define what records are and are not "government records."

• The executive branch of state government and all independent state agencies and authorities. This includes all state colleges and universities;
• The Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch;
• All counties, municipalities, school districts, fire districts, planning and zoning boards and other county and local boards or agencies, and all independent county or local agencies and authorities established by municipal or county governments. N.J.S.A. 47:1A-1.1.

The Judicial branch of state government (including the Supreme Court of New Jersey, the Superior Court of New Jersey, the municipal courts, the Administrative Office of the Courts, and the agencies, offices, and boards under their authority) are not considered public agencies under OPRA. The Courts have adopted their own records disclosure policies and procedures. See here.

Private businesses are not public agencies under OPRA.

• Convert the record to the medium requested; or
• Provide the record in some other meaningful medium (meaningful to the requestor).

If the agency maintains the record in the medium requested, the custodian can only charge the actual cost of copying (such as the cost of the floppy disk or CD-ROM). However, a custodian may impose a special service charge related to conversion for:

• Extensive use of technology; and
• Labor for programming, clerical and supervisory assistance that may be required.

The special service charge must be based on the cost of the technology and labor actually incurred. This may include charges incurred by an outside vendor.

Before undertaking any conversion to another medium or taking other major actions that would result in the imposition of a special charge, the custodian must first inform the requestor that a special charge will be incurred and give the requestor the opportunity to accept or reject the extra fee. If the requestor objects to the special charge and refuses to pay it, the custodian may deny the request for access to the record. However, if the requestor is willing to pay for it, the agency has the responsibility to provide access to the government record in the requested format.

• Forward the request to the agency's records custodian; or
• Direct the requestor to the agency's records custodian.

In other words, a public agency may decide to permit any employee to accept a records request to be forwarded to the appropriate custodian, or the employee may refuse to accept the request and direct the requestor to the appropriate custodian.

• Municipalities with a population of 5,000 residents or less;
• Board of Education with total enrollment of 500 or fewer;
• Public authority with less than $10 million in assets.

Not less than 6 regular business hours over not less than 3 business days per week, or the entity's regularly scheduled business hours, whichever is less.

What does this really mean?

2 hours a day for 3 days a week, minimum, unless the agency's regularly scheduled business hours are less.

All other agencies must process OPRA requests during their regular business hours.

• to file suit in Superior Court; or
• to file a complaint with the Government Records Council. N.J.S.A. 47:1A-6.

A requestor cannot do both.

In Superior Court, a complaint must be filed within 45 days of the denial of access.

The GRC's regulations at N.J.A.C. 5:105-2.1 now implement a statute of limitations of 60 calendar days, or the next business day thereafter. Requestors filings a denial of access complaint must now do so within 60 calendar days after:

• The requestor has eceived a written denial of access from the custodian; or
• The custodian has failed to respond within 7 business days.

The statute of limitations does allow a requestor filing beyond the new time frame to submit a motion providing reasons why the GRC should accept the complaint “as within time.” Unless a requestor can successfully argue that their complaint should be accepted “as within time,” the complaint will be rejected for filing.

• Establish an informal mediation program to facilitate the resolution of disputes regarding access to government records;
• Receive, hear, review, and adjudicate a complaint filed by any person concerning a denial of access to a government record by a records custodian;
• Issue advisory opinions, on its own initiative, as to whether a particular type of record is a government record which is accessible to the public;
• Prepare guidelines and an informational pamphlet for use by records custodians in complying with the law governing access to public records;
• Prepare an informational pamphlet explaining the public's right of access to government records and the methods for resolving disputes regarding access, which records custodians shall make available to persons requesting access to a government record;
• Prepare lists for use by records custodians of the types of records in the possession of public agencies which are government records;
• Make training opportunities available for records custodians and other public officers and employees to explain the law governing access to public records; and
• Operate an informational Web site and a toll-free help-line staffed by knowledgeable employees of the Council during regular business hours which will enable any person, including records custodians, to call for information regarding the law governing access to public records and allow any person to request mediation or to file a complaint with the Government Records Council when access has been denied.

What is the scope of the GRC's authority?

• The GRC only has authority over access to records maintained by a public agency at the time of an OPRA request.
• The GRC lacks authority over the accuracy of record content.
• The GRC does not have authority over the condition of records.
• The GRC lacks authority over records retention. For retention schedules, contact Records Management Services within the New Jersey Department of Treasury.
• The GRC does not have jurisdiction over the Judicial or Legislative Branches of State Government or any agency, officer, or employee of those branches.
• The GRC does not have authority over other types of records requests (administrative, common law, discovery).
• The GRC does not have authority over how a custodian uses his/her legal counsel.
• The GRC cannot adjudicate a complaint currently pending or previously adjudicated in New Jersey Superior Court.

What can the Government Records Council do for me?

The Government Records Council can provide guidance regarding the accessibility of government records.

If you want to request a specific record or you have been denied access to a specific record, the GRC can inform you about any past decisions regarding the same or similar records, if any such cases exist.

The GRC can also provide guidance regarding the request process and what to expect once an OPRA request is submitted.

The GRC can investigate your allegation of a denial of access should you decide to file an official complaint.

The GRC cannot force a records custodian to provide access to a record prior to the filing of a Denial of Access Complaint. Orders directing a custodian to disclose records to requestors only occur after the GRC is able to conduct a full analysis of the request and it is determined that the Custodian unlawfully denied access.

1. a factual causal nexus between plaintiff's litigation and the relief ultimately achieved; and
2. that the relief ultimately secured by plaintiffs had a basis in law.

If the decision of the public agency to deny access to the requested record is upheld, the public agency is not entitled to an attorney's fee from the requestor under OPRA.

Knowing and Willful Penalty

A public official, officer, employee, or custodian who knowingly and willfully violates OPRA and is found to have unreasonably denied access under the totality of the circumstances shall be subject to a civil penalty of $1,000 for an initial violation, $2,500 for a second violation, and $5,000 for a third violation that occurs within 10 years of an initial violation. The penalty shall be collected and enforced in proceedings in accordance with the Penalty Enforcement Law of 1999.

An employee other than the custodian may be assessed a penalty. Appropriate disciplinary proceedings may be initiated against a public official, officer, employee, or custodian against whom a penalty has been imposed.

For more information about the rules pertaining to the GRC's complaint process, see the GRC's promulgated regulations (N.J.A.C. 5:105 (2008)) on our website here.