N.J. Admin. Code § 13:4-13.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:4-13.2 - Access to the Division's investigatory files by parties to the verified complaint

(a) After a finding of probable cause has been issued by the Director, after transmittal to the OAL pursuant to N.J.S.A. 10:5-13, after any final determination has been issued, or after any other agency closure, a party to a verified complaint may, upon request and notice to all other parties, receive access to the following information in the Division's investigatory file of that verified complaint:

1. Statements made by any party or witness during the course of the Division's investigation;

2. All factual written reports, or sound recordings, made by the field investigator or other employee or agent of the Division memorializing any witness or party interview, fact-finding conference, or site visit; and

3. All documentary information submitted by either party or by any witness.

(b) Parties shall not be provided work product of Division employees or agents, any attorney work product, intra-agency communications, attorney-client communications, records pertaining to settlement discussions, or any other privileged material that may be contained in the Division's investigative file.

(c) When a request for access to material in the Division's investigative file seeks confidential or privileged material, or where the purpose of the request is to oppress any party or to delay the resolution of the case, the Director may refuse, terminate, or limit access as the circumstances warrant, including issuance of protective orders. At the discretion of the Director, information that is deemed confidential and/or private may be redacted prior to disclosure.

(d) Nothing in this subchapter shall preclude the Division from showing a party or witness a document from the investigative file during the pendency of an investigation when deemed necessary by the Division to complete the investigation.

N.J. Admin. Code § 13:4-13.2

Amended by R.2011 d.073, effective 2/22/2011.
See: 42 N.J.R. 2571(a), 43 N.J.R. 436(a).
In (a)1, inserted "; notes of settlement discussions".

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