N.J. Admin. Code § 6A:3-1.17

Current through Register Vol. 56, No. 9, May 6, 2024

Section 6A:3-1.17 - Awarding of interest

(a) The Commissioner may award, pursuant to the criteria of this section, prejudgment and/or postjudgment interest in any circumstance in which a petitioner has sought such relief and has successfully established a claim to a monetary award.

1. Any petitioner seeking award of prejudgment interest shall so specify in the petition's request for relief and shall propose, before the Commissioner or the ALJ, whoever is hearing the case, an interest calculation consistent with (d) below.

2. Any party seeking postjudgment interest shall file a new petition in accordance with N.J.A.C. 6A:3-1.3, addressing the criteria set forth at (c)2 below and proposing an interest calculation consistent with (d) below.

(b) "Interest" is defined as follows:

1. Prejudgment interest is interest awarded for that period of time prior to the adjudication of the monetary claim.

2. Postjudgment interest is interest determined by the Commissioner to be due to a petitioning party for that period of time after the claim has been successfully adjudicated but remains unsatisfied.

(c) The following criteria shall be applied when awarding interest:

1. The Commissioner shall award prejudgment interest when the Commissioner has concluded that the denial of the monetary claim was an action taken in bad faith and/or has been determined to have been taken in deliberate violation of statute or rule.

2. The Commissioner shall award postjudgment interest when a respondent has been determined through adjudication to be responsible for such payment, the precise amount of such claim has been established or could have been established, and the party responsible for the payment of the judgment has neither applied for nor obtained a stay of the decision but has failed to satisfy the claim within 60 days of its award.

(d) The rate of interest for the awarding of prejudgment and postjudgment interest shall equal the average rate of return, to the nearest one-half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment in the Department of the Treasury.

N.J. Admin. Code § 6A:3-1.17

New Rule, R.1986 d.157, effective 5/5/1986.
See: 18 New Jersey Register 404(b), 18 New Jersey Register 976(a).
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 New Jersey Register 2841(a), 23 New Jersey Register 297(b).
Recodified from N.J.A.C. 6:24-1.18, stylistic changes.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 New Jersey Register 4173(a), 32 New Jersey Register 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
In (a), inserted "so specify in the petition's request for relief and shall" preceding "propose, before the Commissioner" in 1 and added 2.

Amended by 56 N.J.R. 766(b) effective 5/6/2024