N.J. Admin. Code § 13:4-7.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:4-7.4 - Motions for reconsideration

(a) Any party may, within 30 calendar days after service of a finding of probable cause, no probable cause, or other final order of the Director, file a motion for reconsideration seeking review of the agency's decision and/or the reopening of the record for further investigation. The motion shall be in writing and state the grounds upon which relief is sought. The motion shall be filed electronically or shall be served upon all opposing parties in accordance with N.J. A.C. 13:4-7.6, following which each opposing party may, within 10 calendar days following service of the motion, file a response to the motion. The Director may grant such motion and vacate or modify the order, and/or reopen the record upon showing of the following:

1. Mistake, inadvertence, surprise, or excusable neglect;

2. Fraud, misrepresentation or other misconduct of an adverse party;

3. Newly discovered evidence, which the moving party can demonstrate is reasonably likely to change the final decision of the Director and which by due diligence could not have been discovered in time to be presented at the hearing or during the investigation of the matter; or

4. Any other reason consistent with the public policy of the Law Against Discrimination or Family Leave Act and in the interest of justice.

(b) No motion filed pursuant to this section, and no order granting such motion, shall suspend the operation of any final Director's order unless otherwise specified by order of the Director.

N.J. Admin. Code § 13:4-7.4

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