New Jersey Administrative Code
Title 19 - OTHER AGENCIES
OFFICE OF THE STATE COMPTROLLER
Chapter 70 - OFFICE OF THE STATE COMPTROLLER RULES
Subchapter 1 - OFFICE OF THE STATE COMPTROLLER
Section 19:70-1.5 - Records designated confidential

Universal Citation: NJ Admin Code 19:70-1.5

Current through Register Vol. 57, No. 6, March 17, 2025

(a) In addition to records designated as exempt from disclosure pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., the following records shall not be considered government records subject to public access pursuant to N.J.S.A. 47:1A-1 et seq.:

1. Any record, as defined at N.J.S.A. 47:1A-1.1, obtained by, or from, the OSC during the course of:
i. An audit pursuant to N.J.S.A. 52:15C-5, 7, and 8 and 30:4D-57 and 60;

ii. An investigation pursuant to N.J.S.A. 52:15B-7, 8, and 9; 52:15C-9(a); and 30:4D-53, 54, 60, 61, and 62;

iii. An evaluation pursuant to N.J.S.A. 52:15B-8;

iv. An inspection pursuant to N.J.S.A. 52:15B-8 and 30:4D-57.c(10);

v. A request for assistance and cooperation, including surveys, pursuant to N.J.S.A. 52:15C-14;

vi. A request for information pursuant to N.J.S.A. 52:15C-6 and 14 and 30:4D-61;

vii. A performance review pursuant to N.J.S.A. 52:15C-7 and 8 and 30:4D-60;

viii. A contract review pursuant to N.J.S.A. 52:15C-10; or

ix. Other reviews;

2. A complaint or referral to or by the OSC and the identity of the complainant;

3. Information communicated for notice and review by or between covered entities or contracting units and the OSC, except for written determinations designated by the State Comptroller as public records pursuant to N.J.S.A. 52:15C-10.b(5) and N.J.A.C. 19:70-3.9;

4. Any preliminary or draft report or letter issued to a covered entity or contracting unit, the final report of which shall be a public record; and

5. Work papers, memoranda reports, plans, or other records that are made, maintained, or kept as part of any investigation, audit, or contract review by the OSC.

(b) If a person requests access to a government record that the OSC obtained from another public agency during the course of an audit, investigation, performance review, or contract review, and such record was open for public inspection, examination, or copying before the audit, investigation, or review by the OSC, then the public entity from which the OSC obtained the record shall comply with the request if made pursuant to N.J.S.A. 47:1A-1 et seq., and (c) below.

(c) In order to preserve confidentiality in accordance with N.J.S.A. 52:15C-14, the public agency that receives a request which in any way identifies the record sought by means of a reference to the State Comptroller's audit, review, or investigation, or a subpoena issued pursuant to such investigation, the public agency's response shall not disclose the existence of the State Comptroller's request for such document.

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