New Jersey's Open Public Records Act (OPRA) has undergone significant amendments aimed at enhancing transparency and accessibility of public records. These amendments, effective as of September 3, 2024, introduce several key changes impacting both requesters and custodians of public records. Some of these changes include:
- No Mandatory Fee Shifting: prevailing requestors in proceedings involving the Open Public Records Act are not automatically entitled to attorney's fees, but still may recover costs as determined by the Government Records Council or the Judiciary.
- Commercial Purpose Requestors: requestors who seek to use the information for a 'commercial purpose' may now wait up to fourteen (14) business days for a response from a public agency.
- OPRA Requests Not for Litigation: parties to a litigation may not use OPRA requests to gain discovery, and the requestor will be required to certify whether they are using such request for the purpose of litigation.
- Fee Structure: public agencies are now required to provide an itemized list of fees and an explanation of the fees. However, those fees are presumed to be reasonable, and the requestor bears the burden of proving a fee to be unreasonable.
Requestors and public agencies involved in requesting or managing public records in New Jersey should familiarize themselves with these amendments to ensure compliance. At Nehmad, Davis, & Goldstein, our proactive approach to new legislation, combined with our dedication to excellence and client-focused service, ensures that we are always ahead of the curve in adapting to new laws.
Disclaimer: This Law Alert provides a brief summary of some of the recent amendments to New Jersey's Open Public Records Act and is not intended to serve as legal advice, nor does this constitute an acceptance of representation by our firm.