The GRC will first ensure that the complaint is a valid one. If it is, the Council will direct the public agency to produce the relevant documents and the reasoning behind the denial. In both mediation and a formal investigation, the GRC will try to handle the complaint as expeditiously as possible and, to that end, will use teleconferencing, faxing of documents, and email. If in-person meetings are necessary, the Council will send representatives to meet the parties at mutually convenient locations.
If the Council cannot make a decision based on the written submissions of the parties, both parties will be notified and a formal hearing will be held. Following that hearing, the Council will reach a determination by a majority vote on whether the record should be made available to the requester. If the Council decides in favor of the requester, and it finds that the custodian "willfully and knowingly" denied access unreasonably under the full circumstances, the custodian can be fined $1,000 for a first offense, $2,500 for a second, and $5,000 for a third if it occurs within 10 years of the first. If the requester wins, he or she may be entitled to a reasonable attorney’s fee.
The Council’s decision may be appealed to the Appellate Division of the Superior Court.