Hello Mr. Abdul

Could you please clarify what type of information you are seeking about sports wagering? Legislation was signed authorizing sports wagering in NJ on June 11th and operations commenced in NJ at the racetracks and casinos on June 14. Here is a link to some sports wagering information from our website.

https://www.nj.gov/oag/ge/sportsbetting....

Also if there are specific documents you are seeking please OPRA request them through this link. We are in the Department of Law and Public Safety and are the Division of Gaming Enforcement. Thanks!

https://www16.state.nj.us/NJ_OPRA/depart...

Kerry

Kerry Langan
New Jersey Division of Gaming Enforcement
Public Information
(609) 317-6201

________________________________________
From: Abdul Hai <[OPRA #2425 email]>
Sent: Saturday, September 15, 2018 9:20 AM
To: DGE Records
Subject: [EXTERNAL] Re: OPRA request - Supreme Court ruling

Dear New Jersey Division of Gaming Enforcement,

Hi when am I likely to get a response to my request?

Yours faithfully,

Abdul Hai

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #2425 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://urldefense.proofpoint.com/v2/url...

View this OPRA request & responses online:
https://urldefense.proofpoint.com/v2/url...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.

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On Wednesday, September 5, 2018, you sent an email to the Department of Law and Public Safety (L&PS), Division of Gaming Enforcement (DGE) at [email address] by which you may have been seeking to submit a request under the Open Public Records Act (OPRA).

Please be advised that pursuant to regulation, N.J.A.C. 13:1E-2, and long-standing L&PS policy and practice, submission of OPRA requests by e-mail is not permitted.

N.J.A.C. 13:1E-2.4(a) states: "Written Open Public Records Act (OPRA) requests shall be hand-delivered during normal business hours of the public agency, mailed or submitted electronically to the appropriate division or agency custodian of records over the Internet by means of a web-enabled OPRA request form, which can be found on the Department of Law and Public Safety OPRA website, www.state.nj.us/lps/opra. Submission of requests by facsimile transmission or e-mail is not permitted."

This restriction is supported by New Jersey case law. In 2009, the Appellate Division stated in Renna v. County of Union, 407 N.J. Super. 230 (App. Div. 2009): "the primary objective of the statutory construct is that the requester set forth in writing, and in a cogent and clear manner, the nature of the request and the other information required by N.J.S.A. 47:1A-5(f)." On the same day, the Appellate Division held in Paff v. City of East Orange, 407 N.J. Super. 221 (App. Div. 2009):

"We conclude that the authority N.J.S.A. 47:1A-5(f) (1) confers upon a custodian of government records to adopt a form for requesting access to a government record, which includes 'specific directions and procedures for requesting a record,' authorizes a custodian to direct that a request for a government record must be transmitted only by methods specified in the form, which need not include every method of transmission mentioned in N.J.S.A. 47:1A-5(g)."

The records request form for L&PS, in relevant part, states:

"1. State Law requires that in order to request access to government records, you must complete, sign and date a written request for access and deliver it in person or by mail during regular business hours to the appropriate custodian of the record requested. You may also complete and submit a web enabled version of this request form at www.nj.gov/opra. L&PS will not accept submission of a written request for access by fax or email. Your request is not considered filed until the written request has been received by the appropriate custodian of the record requested.

2. If you 1) submit a request for access to government records to someone other than the appropriate custodian; or 2) do not complete a written request containing the information required in this form; or 3) make a request for access by telephone, email or fax, the Open Public Records Act and its deadlines, restrictions and remedies will not apply to your request."

For these reasons, the DGE is not able to accept your recent e-mail as a valid OPRA request. You can file an OPRA request on-line by using the Online Request Form found at the L&PS OPRA website www.state.nj.us/lps/opra. You can also submit a written OPRA request, containing the information required by the Online Request Form, by regular mail to the Custodian of Records, New Jersey Division of Gaming Enforcement, 140 E. Front Street, P.O. Box 047, Trenton, NJ 08625-0047.

________________________________________
From: Abdul Hai <[OPRA #2425 email]>
Sent: Wednesday, September 5, 2018 11:51 AM
To: DGE Records
Subject: [EXTERNAL] OPRA request - Supreme Court ruling

Dear New Jersey Division of Gaming Enforcement,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

Has the State made any assessment on the State of the recent Supreme Court ruling? https://urldefense.proofpoint.com/v2/url...

Yours faithfully,

Abdul Hai

-------------------------------------------------------------------

Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #2425 email]

Is [DGE request email] the wrong address for OPRA requests to New Jersey Division of Gaming Enforcement? If so, please contact us using this form:
https://urldefense.proofpoint.com/v2/url...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://urldefense.proofpoint.com/v2/url...

View this OPRA request & responses online:
https://urldefense.proofpoint.com/v2/url...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.

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Mr. Hai,

You can submit an OPRA request either by using the Department of Law and Public Safety OPRA website, www.state.nj.us/lps/opra or via regular mail to the Custodian of Records, New Jersey Division of Gaming Enforcement, 140 E. Front Street, P.O. Box 047, Trenton, NJ 08625-0047. As stated in Renna, if you choose the latter option, you are not required to use the official request form. The DGE will accept a request as long as it is in writing and clearly identifies itself as an OPRA request. For instance, a request in the form of a letter is acceptable.

Sara Ben-David
________________________________________
From: Abdul Hai <[OPRA #2425 email]>
Sent: Monday, September 17, 2018 11:50 AM
To: Sara Ben-David
Subject: Re: [EXTERNAL] OPRA request - Supreme Court ruling

Dear Sara Ben-David,

Hi Sara I believe there is different case law. See below.

Pursuant to Renna v. County of Union (App. Div. 2009), OPRA requests should be on the
agency’s official OPRA request form. However, a written request that is not on the agency’s
official OPRA request form cannot be denied solely because the request is not on the request
form. Written requests which are not on the form must mention OPRA. Therefore, if a requestor
elects not to use an agency’s official OPRA request form, he/she must submit an otherwise
written request that clearly identifies itself as an OPRA request.

Yours sincerely,

Abdul Hai

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