N.J. Admin. Code § 13:4-10.2

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

Section 13:4-10.2 - Findings of probable cause

(a) Following the completion of an investigation of a verified complaint filed with the Division, the Director shall determine whether or not probable cause exists to credit the allegations of the verified complaint.

(b) If the Director determines based upon a review of the investigative findings that there is a reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to warrant a cautious person to believe that the Law Against Discrimination or Family Leave Act has been violated, they shall issue a finding of probable cause.

(c) If the Director determines based upon a review of the investigative findings that there is not a reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to warrant a cautious person to believe that the Law Against Discrimination or Family Leave Act has been violated, they shall issue a finding of no probable cause.

(d) If the Director determines based upon a review of the investigative findings that probable cause exists as to some, but not all, of the allegations of the verified complaint, they shall issue an agency determination setting forth those issues to which the Director finds that probable cause exists and those issues to which the Director finds that no probable cause exists. Any subsequent hearing on the verified complaint shall be limited to those issues in which the Director determines that probable cause exists.

(e) A finding of no probable cause pursuant to (c) above shall be considered a final order. Findings of probable cause pursuant to (b) above, and agency determinations pursuant to (d) above, shall not be considered final orders.

(f) In any finding of probable cause or no probable cause the Director may, in their sole discretion, use a pseudonym in place of the full name of the complainant or any witness when the complainant or witness is a minor, or where identification of the complainant or witness would involve disclosure of confidential personal information or adversely affect the privacy interests of the complainant or witness.

N.J. Admin. Code § 13:4-10.2

Amended by 52 N.J.R. 2109(a), effective 12/7/2020