N.J. Admin. Code § 5:3-1.9 - Requests for copies of a government record in a specified medium
(a)
Unless otherwise specifically requested, copies of records shall be provided in
printed form on letter size paper. The requestor may request that the agency
provide a copy of a record in a specific medium. If the agency maintains the
government record in the medium requested, the custodian shall provide the
record in the medium sought.
(b) If
the agency does not maintain the government record in the medium requested, the
custodian shall convert the record to the medium requested if reasonable or
provide a copy in some other meaningful medium. If a requestor asks for copies
of a record in a medium not routinely used by the agency, not routinely
developed or maintained by the agency, or requiring a substantial amount of
manipulation or programming of information technology, the custodian may
charge, in addition to the actual cost of duplication, a special charge which
shall be reasonable and shall be based upon the cost of any extensive use of
information technology or for the labor cost of providing the service actually
incurred. The requestor shall be given the opportunity to review and object to
the charge prior to its being incurred. If the requestor objects to the charge
and refuses to withdraw the request, the custodian may deny the request after
attempting to reach a reasonable solution that accommodates the interests of
the requestor and the agency.
(c)
Whenever the nature, format, manner of collation, or volume of a government
record embodied in the form of printed matter to be inspected, examined or
copied is such that the record cannot be reproduced by ordinary document
copying equipment in ordinary business size or involves an extraordinary
expenditure of time and effort to accommodate the request, the division or
agency may charge, in addition to the actual cost of duplicating the record, a
special service charge that shall be reasonable and shall be based upon the
actual direct cost of providing the copy or copies. The requestor shall have
the opportunity to review and object to the charge prior to its being incurred.
If the requestor objects to the charge and refuses to withdraw the request, the
custodian may deny the request after attempting to reach a reasonable solution
that accommodates the interests of the requestor and the agency.
Notes
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