OPRA Denial of Access

New Jersey Government Records Council (“GRC”)

What to do if your request for a record has been denied

The New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) permits a person who believes that he or she has been unlawfully denied access to a public record either to file a complaint with the GRC or to file suit in Superior Court to challenge the decision and compel disclosure. 

To file a complaint with the GRC:

 Visit the GRC’s website at www.nj.gov/grc for information and to register your complaint. In the alternative, you may contact the GRC by telephone at 1-866-850-0511 or by e-mail at [email protected]. 

 When you file the written complaint, the GRC will offer both you and the public agency non-adversarial, impartial mediation. If mediation is not accepted or is not successful, the GRC will investigate the complaint.

 In some cases, the GRC can award attorney’s fees to a complainant or impose a fine against a records custodian.

 There is no fee to file a complaint with the GRC.

To file a complaint in Superior Court:

 A requestor may start a summary (expedited) lawsuit in the Superior Court. A written complaint and order to show cause must be filed with the court.  The court requires a filing fee, and you must serve the lawsuit papers on the appropriate parties.

 The court will schedule a hearing to resolve the dispute.

 If you disagree with the court’s decision, you may appeal the decision to the Appellate Division of the Superior Court.

 If you are successful, you may be entitled to reasonable attorney’s fees.

 You may wish to consult with an attorney to learn about initiating and pursuing a summary lawsuit in the Superior Court.

 Filing suit in Superior Court may result in a faster resolution, because the courts adjudicate cases every day, whereas the GRC only meets once a month.