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NJ TRANSIT NJ TRANSIT

Your Rights Under OPRA

  1. All “government records” as defined in N.J.S.A. 47:1A-1.1 are subject to public access under the Open Public Records Act (“OPRA”), unless specifically exempt. 
     

  2. A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5(g). In accordance with OPRA, custodians will generally have seven (7) business days to respond, unless: 

    • The requestor seeks “immediate access” records as outlined in N.J.S.A. 47:1A-5(e); where the custodian must respond “immediately” disclosing responsive records not to exceed twenty-four (24) months old. 

    • The requestor seeks information required to be disclosed by N.J.S.A. 47:1A-3(b), where the custodian must respond disclosing the information within twenty-four (24) hours or as a soon as practical. 

    • The requestor is a 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). However, the response time frame can be reduced to seven (7) business days upon payment of no more than two times the cost to produce the responsive records. 

    • 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). 

    • Fire district employing one or fewer full-time employees serving as custodians may add seven (7) business days to the seven (7) or fourteen (14) business day response time frames. 

    The applicable response time does not commence until the custodian receives the request form. N.J.S.A. 47:1A-5(h). If you submit the request form to any other officer or employee, the recipient must either forward the request to the appropriate custodian or direct you to the appropriate custodian. Id. 
     

     

  3. Requestors are not required to use this OPRA request form; however, a written equivalent not containing the form requirements of N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g) may be denied by a custodian. 
     
  4. Requestors may submit requests anonymously. A request submitted anonymously shall not be considered incomplete. N.J.S.A. 47:1A-5(f). If you elect not to identify yourself accurately or provide an accurate address, e-mail address, or telephone number, the custodian is not required to respond until you reappear before the custodian seeking a response to the original request. Further, anonymous requestors are prohibited from filing a complaint with either the GRC or the Courts. N.J.S.A. 47:1A-6. 
     
  5. The fees for duplication of a “government record” in printed form are listed on page 1 of this form. The custodian will notify you of any special service charges or other additional charges authorized by State law or regulation before processing your request. Payment shall be made by cash, check or money order payable to the responding agency. 
     
  6. You may be charged a prepayment or deposit when a request for copies exceeds $5.00. The custodian will contact you and advise you of any deposit requirements. You agree to pay the balance due upon delivery of the records. 
     
  7. 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 person’s victim or the victim’s family. N.J.S.A. 47:1A-2.2. This includes anonymous requests for said information. 
     
  8. By law, the responding agency must notify you that it grants or denies a request for access to government records within applicable response time frame after the custodian receives the request. If the record requested is in storage, the custodian will advise you within seven (7) or fourteen (14) business days after receipt of the request when the record can be made available and the estimated cost for reproduction within no more than twenty-one (21) business days from date of notification. N.J.S.A. 47:1A-5(i). 
     
  9. You may be denied access to a government record if your request would substantially disrupt agency operations and the custodian is unable to reach a reasonable solution with you. N.J.S.A. 47:1A-5(g). 
     
  10. If the custodian is unable to comply with your request for access to a government record, they will indicate the specific bases for denial on the request form or other written correspondence and send it to you. 
     
  11. Except as otherwise provided by law or by agreement with the requester, if the custodian fails to respond to you in writing within seven (7) or fourteen (14) business days of receiving a request, the failure to respond is a deemed denial of your request. N.J.S.A. 47:1A-5(g); N.J.S.A. 47:1A-5(i). 
     
  12. If your request for access to a government record has been denied or unfilled within the seven (7) or fourteen (14) business days required by law, you have a right to challenge the decision by the responding agency to deny access. At your option, you may either: 1) institute a proceeding in the Superior Court of New Jersey; or 2) file a complaint with the Government Records Council (“GRC”) by completing the Denial of Access Complaint Form. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County. Questions regarding the GRC’s Denial of Access Complaint process can directed to the GRC toll-free telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at [email protected], or at their web site at www.state.nj.us/grc. The Council can answer general inquiries about OPRA. 
     
  13. Information provided on this form may be subject to disclosure under the Open Public Records Act. 
     

FEES

Duplication/hard copies only:  $0.05 per page (8.5x11”) or $0.07 per page (8.5x14”).

NJ TRANSIT may assess a special service charge pursuant to the provisions of OPRA under the following circumstances:

  1. If the requested record is printed and (a) cannot be reproduced by ordinary copying equipment in ordinary business size, or (b) involves an extraordinary expenditure of time and effort to accommodate the request. 
     
  2. If the requested record is online, the requestor requested assistance from the agency and still cannot locate it, and the requestor asks for a physical copy.
     
  3. If the requestor seeks a record in a medium or format other than the medium or format in which the record is created/maintained, and conversion to the requested medium or format involves (i) extensive use of information technology; and/or (ii) the services of a third party vendor; and/or (iii) additional personnel costs attributable to programming, clerical and/or supervisory assistance required to perform the medium or format conversion. 
     
  4. An expedited request for records that sought for a commercial purpose.

No fees will be charged if you are (a) directed to document on a website, or (b) you are a crime victim requesting records to which you are entitled.