Welcome to MuckRock's New Jersey Open Public Records Act appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about New Jersey's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Constructive Denial
This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
An agency has seven business days to respond to the initial request and there is no legal basis for an agency being completely unresponsive.
According to the New Jersey Open Public Records Act, “Custodians should fulfill a request as soon as possible but not later than seven business days after the request is received, provided that the record is currently available and not in storage or archived . . . In the event a custodian fails to respond within seven business days after receiving a request, the failure to respond shall be deemed a denial of the request . . . ” N.J. Stat. Ann. ยง 47:1A-5.
There are exceptions to the seven business day rule, including if the record is not in storage or archived, and if the request would substantially disrupt agency operations. New Jersey Builders Ass’n v. New Jersey Council on Affordable Hous., 915 A.2d 23, 31-2 (N.J. Super. Ct. App. Div. 2007).
Example Appeals
New Jersey Open Public Records Act N.J.S.A. 47:1A-5.i specifically requires that an agency provide a response to a public records request within seven business days of receipt of that request.
By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.
Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the New Jersey Open Public Records Act. Your accelerated attention to this matter will be greatly appreciated.