Any person who has been denied access to a government record by a records custodian of a public agency can file a complaint with the Government Records Council (GRC). N.J.S.A. 47:1A-6. To understand how to file a complaint and the legal rights of a requester of government records please refer to the information in this section. 

**Important Information Re: Changes to the Denial of Access Complaint Process as of November 7, 2022**

60 Calendar Day Statute of Limitation

N.J.A.C. 5:105-2.1 implement a statute of limitations of 60 calendar days, or the next business day thereafter. Requestors filing a denial of access complaint must now do so within 60 calendar days after:

    • The requestor has received a written denial of access from the custodian; or
    • The custodian has failed to respond within 7 business days.

The statute of limitations does allow a requestor filing beyond the new time frame to submit a motion providing reasons why the GRC should accept the complaint “as within time.” Unless a requestor can successfully argue that their complaint should be accepted “as within time,” the complaint will be rejected for filing. This new rule will only apply to complaints filed on or after November 7, 2022.

Anonymous Complaints

N.J.A.C. 5:105-2.3(j)-(l) provides for a prohibition on anonymous complaints with exceptions. These provisions outline how an anonymous requestor shall file their complaint, the threshold factors considered in whether an anonymous requestor may remain so, and the GRC’s process for notifying an anonymous complainant of how to proceed anonymously. This new rule will only apply to complaints filed on or after November 7, 2022.

Please contact GRC staff at Government.Records@dca.nj.gov if you have any questions about filing a complaint.

 

The Denial of Access Complaint Form, which is required to initiate a complaint with the GRC per N.J.A.C. 5:105-2.3(c), must be downloaded as a .PDF file.

Electronic Denial of Access Complaint Form [PDF]

 
In Microsoft® Edge and Internet Explorer, you will be prompted to "Open" or "Save" the file. After saving to your computer, ensure that you are opening the file with your external .PDF viewer by either setting it as the default viewer or right-clicking on the file and hoovering over "Open With" in that menu. Your external .PDF viewer should be a clickable option in the expanded menu.
 
 
In Google® Chrome, the complaint form will appear as a file in the lower left-hand corner of the browser. Using the up-facing arrow, select one of the options allowing you to access your external .PDF program.
 
Please note that e-filers will need to save the file in order to submit their complaint through the e-filing system.
 
If you are still encountering issues, you can access a non-writable version of the Denial of Access Complaint Form here
 
Please note that the GRC is provides an e-filing system for Denial of Access Complaints. Individuals wishing to e-file their complaints can can view the following instructions:

Instructions for Electronic Complaint Filings [PDF]