Open Public Records Act (OPRA)

Records request process:

1. Bryan Passione has been designated the university’s substitute Custodian of Records.  Any public request for records or other information must be made in writing, during normal business hours, to Bryan Passione, Office of the Custodian of Records, New Jersey Institute of Technology, Fenster Hall 480, Newark, New Jersey 07102.  The university’s business hours are typically 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
    
2. Anyone requesting university records may submit a completed Records Request Form, including a brief but clear description of the records sought, to the substitute Custodian of Records. The Records Request Form is available from the Office of the Custodian of Records and on the university website, www.njit.edu. The requestor must sign and date the form.
    
3. OPRA provides that records are to be made accessible within seven business days of the submitted Records Request Form, unless they are in storage, archived, or otherwise cannot be made available within that time. The substitute Custodian of Records will advise the requestor in writing whether the records will be provided in whole or in part and, if they will not be provided, will state the reasons why the requested records or some part thereof will not be provided. OPRA also permits the Records Custodian and the requestor to discuss and agree upon the timing according to which the University will provide the records to the requestor.
    
4. OPRA provides access to existing university records but does not require NJIT to create documents for the purpose of replying to records requests. 
    
5. Persons requesting copies of records in accordance with OPRA are responsible for all costs associated with reproducing records. All requests with fees estimated to exceed $25 require payment of a 50% deposit. The schedule for duplicating printed records is:
   • $0.05 per page for letter sized pages and smaller;
   • $0.07 per page for legal sized pages and larger;
   • If the actual cost to produce paper copies exceeds the $0.05 and $0.07 rates, the custodian may charge the actual cost of duplication;
   • Electronic records are FREE OF CHARGE (i.e., records sent via email and fax);
   • Actual cost to provide records in another medium (i.e., computer disc, CD-ROM, DVD)
      
6. In cases where records cannot be reproduced by ordinary document copying equipment in ordinary business size or where extraordinary time and effort are necessary to accommodate a request, OPRA allows a special service charge.
    
7. The requestor has an opportunity under OPRA to review and object to any charges before they are incurred, but payment must be made before a copy of the record is provided to the requestor.
    
8. If a request for records is denied or unfilled, a requestor may contact the substitute Custodian of Records to attempt a resolution of any dispute. The requestor also has the statutory right to appeal by filing a complaint with the Government Records Council (GRC), New Jersey Department of Community Affairs (toll-free 866-850-0571 or 609-292-6830 or online at www.nj.gov/grc or, in lieu thereof, file suit in Superior Court.

Subtitute Custodian of Records

Bryan Passione
Fenster Hall, Room 480
(973) 596-3323-office
(973) 642-4056-fax
email: OPRA@njit.edu