N.J.A.C. 11:5-1.5 — Records open to public inspection; files not open for inspection

(a) With the exception of records designated confidential pursuant to (g) below, the public may request the records concerning any Commission functions or for copies of the records listed at (b) through (f) below by contacting realestate@dobi.nj.gov or by mail to Real Estate Commission, Department of Banking and Insurance, PO Box 328, Trenton, New Jersey 08625-0328. (b) Computerized licensing records are available for inspection with sufficient notice to the Commission staff. Except as otherwise noted, records are maintained for a minimum of three years. Older records may be unavailable. Records can be purchased in accordance with the Open Public Records Act at N.J.S.A. 47:1A-5. (c) Requests for certified copies of licensing records (or a certificate of the absence of a public record) must specify which records are requested and the time period covered by the request, and records will be provided within 10 working days of the request. (d) The following records are maintained pursuant to the Real Estate Brokers and Salespersons Licensing Act: 1. Certification of license history; 2. Real estate broker, broker-salesperson, salesperson, school and instructor license applications, and materials submitted to obtain, transfer, reinstate, or renew such licenses, and the final disposition of such applications; 3. Commission meeting minutes; 4. Orders to Show Cause alleging a licensee or an unlicensed person has violated provisions of the Act or the Commission's rules; documents included into the record in any such proceeding; and the final disposition of such proceedings, including settlements; and 5. Notices, proposals, and other records concerning rulemaking are available for public inspection pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 1:30-3 and 4. Complete records of unadopted proposals are available for one year after initial publication and adopted rules are available for three years after the effective date of the rulemaking. (e) The following records are maintained pursuant to the Real Estate Full Disclosure Act, N.J.S.A. 45:15-16.27 et seq.: 1. Statements of record and additions or corrections filed pursuant to N.J.S.A. 45:15-16.33, 16.36, 16.39, and 16.41(a); 2. Annual reports submitted pursuant to N.J.S.A. 45:15-16.40; 3. Public offering statements and amended public offering statements prepared pursuant to N.J.S.A. 45:15-16.38; 4. Orders to Show Cause and other pleadings charging violations of N.J.S.A. 45:15-16.27 et seq., the final disposition of such orders and related documents; and 5. Applications for exemption of a subdivision filed pursuant to N.J.S.A. 45:15-16.32(c) and N.J.A.C. 11:5-9.18 and the final disposition of any such application. (f) The following records are maintained pursuant to the Real Estate Guaranty Fund Act, N.J.S.A. 45:15-34 et seq.: 1. Court orders for payment from the Real Estate Guaranty Fund; and 2. Pleadings served upon the Commissioner of the Department of Banking and Insurance or any duly authorized agent or employee pursuant to N.J.S.A. 45:15-39. (g) The following records are not available for public inspection, in accordance with N.J.S.A. 47:1A-1 et seq.: 1. Criminal complaints, indictments, judgments of conviction, and other documents submitted with an application concerning whether an applicant is disqualified by reason of indictment for, or conviction of, a crime; 2. Records obtained as the result of a criminal history check; 3. Petitions or discharges in bankruptcy, complaints, orders, or other pleadings in actions for assignment to creditors and other documents submitted with an application concerning whether the applicant is disqualified by reason of unworthiness; 4. Orders of suspension or revocation issued by professional or occupational licensing authorities, and other documents submitted with an application concerning whether the applicant is disqualified from licensure; 5. Records concerning the medical disability of a licensee; 6. Records related to an ongoing investigation or completed investigations where no formal disciplinary action was taken; 7. Personal data including, home address, home telephone number, date of birth and Social Security number of an applicant or licensee; and 8. Purchaser information submitted pursuant to N.J.S.A. 45:15-16.38.