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THE GARDEN STATE
TOWNSHIP
MUNICIPAL UTILITIES AUTHORITY
(Sample
notice)
Please
take notice that the New Jersey Open Public Records Act
provides a right to appeal from a denial of, or failure
to provide, access to a government record for the
purpose of inspection, examination or purchasing copies.
Specifically, N.J.S.A. 47:1A-6 provides that any person
who is denied access to a government record by the
custodian of the record, at the option of the requestor,
may:
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institute a proceeding to challenge the
custodian's decision by filing an action in Superior
Court which shall be heard in the vicinage where it is
filed by a Superior Court Judge who has been designated
to hear such cases because of that judge's knowledge and
expertise in matters relating to access to government
records; or
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in lieu of filing an action in Superior
Court, file a complaint with the Government Records
Council established pursuant to section 8 of P.L.2001,
c.404 (C.47:1A-7).
The
right to institute any proceeding under this section
shall be solely that of the requestor. Any such
proceeding shall proceed in a summary or
expedited manner. The public agency shall have the
burden of proving that the denial of access is
authorized by law. If it is determined that access has
been improperly denied, the court or agency head shall
order that access be allowed. A requestor who prevails
in any proceeding shall be entitled to a reasonable
attorney's fee.
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