Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comClient Alert
Author: Scarinci Hollenbeck, LLC
Date: March 25, 2020
The Firm
201-896-4100 info@sh-law.comOPRA normally requires a custodian of a government record to provide access to, respond to or otherwise process a record request immediately (N.J.S.A. 47:1A-5(e)), or at least within seven business days (N.J.S.A. 47:1A-5(i)(1)), depending on the type of record requested, a custodian’s failure to do so being considered a deemed denial of a request. Ibid.
Under the new law, codified at N.J.S.A. 47:1A-5(i)(2), these strict deadlines no longer apply during a declared state of emergency, such as now.
Instead, N.J.S.A. 47:1A-5(i)(2) now provides that during a declared “state of emergency, public health emergency, or state of local disaster emergency . . . the custodian of a government record shall make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or as soon as possible thereafter.”
While OPRA’s strict deadlines may no longer apply during a declared state of emergency, the response time to a request must still be reasonable, and should be as close as possible to the normally applicable seven-day period, if possible, as the circumstances permit.
Despite the inapplicability of normal OPRA deadlines during an emergency, reasonable efforts should be made to respond to an OPRA request that can be completed, under the circumstances, within the normal seven-day period, keeping in mind that staff and departments will be limited in staff and operability during a state of emergency. Communication with a requestor is also crucial in order to avoid any misunderstandings.
Of course, a custodian remains free to respond to an OPRA record request, immediately or within the normally applicable seven-day period if they are able to do so, even during a state of emergency.
We will keep monitoring any developments regarding the handling of OPRA record requests during this time. If you have any questions regarding the new law, the above guidance, or any specific questions regarding the handling of any OPRA record request, as always, please let us know.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Many trademark scammers send official looking letters or emails urging immediate action to pressure you to pay them money for your trademark or “additional” services you do not require. If you ever receive a notice asking for payment as to your trademark from any such company, DO NOT PAY IT. To all our clients, we […]
Author: Ronald S. Bienstock
FinCEN Beneficial Owner Reporting Must be Completed by January 13 for pre-2024 Companies On December 23, 2024, the 5th Circuit Court of Appeals lifted the injunction that stayed the enforcement of the Corporate Transparency Act put into place by a federal judge in Texas. The result is that if you are required to file a […]
Author: Scott H. Novak
IMPORTANT UPDATE! FinCEN Corporate Transparency Act filings shut down by the US District Court for the Eastern District of Texas Under the Corporate Transparency Act (CTA), entities that were in existence before January 1, 2024 are required to file Beneficial Owner Reports (BOR) with the Financial Crimes Enforcement Network (FinCEN) before January 1, 2025. Requirements […]
Author: Scott H. Novak
On September 12, 2024, Gov. Phil Murphy signed controversial legislation that will dramatically alter New Jersey’s cannabis, hemp, and liquor industries. The new law aims to regulate the influx of intoxicating hemp products into the marketplace by bringing them under the purview of the New Jersey Cannabis Regulatory Commission (CRC). That means that edibles, THC-infused beverages, […]
Author: Daniel T. McKillop
On May 16, 2024, President Joe Biden announced that his administration is committed to reclassifying cannabis. Shortly thereafter, Attorney General Merritt Garland initiated the formal rulemaking process to move cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA). “This is monumental,” President Biden said in a video statement […]
Author: Daniel T. McKillop
The U.S. Environmental Protection Agency (EPA) continues to take significant action regarding the regulation of per- and polyfluoroalkyl substances or PFAS. On April 19, 2024, the EPA released its Final Rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which will allow EPA to use the […]
Author: Daniel T. McKillop
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!