APPEAL RIGHTS

In the event a request for public records has been denied by the Custodian, the Applicant may take the following action:

1. Institute a proceeding to challenge the Custodian's denial 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; or
   
   
2. File a complaint with the Government Records Council, which has been established pursuant to Section 8 of P.L. 2001, c 404. The Government Records Council can be contacted through the State of New Jersey, Department of Community Affairs.

The right to institute any proceeding shall be solely that of the Applicant. If it is determined that access has been improperly denied, the court or agency head shall order that access shall be allowed. An Applicant who prevails in any proceeding shall be entitled to a reasonable attorney's fee.